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JAN 6 1994 

KATHRINE R EVERETT 
LAW LIBRARY 



"ELTrr*,, "abeG 



The 
flORTH CAROLINA 

REGISTER 



IN THIS ISSUE 



IN ADDITION 

EHNR - Health Services 

Wildlife Resources Commission Proclamation 



PROPOSED RULES 

Environment, Health, and Natural Resources 

Human Resources 

Practicing Psychologists 

Public Education 

Transportation 



LIST OF RULES CODHTED 



RRC OBJECTIONS 



RULES INVALIDATED BY JUDICIAL DECISION 



CONTESTED CASE DECISIONS 



ISSUE DATE: January 3, 1994 

Volume 8 • Issue 19 • Pages 1850 - 1941 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 



The North Carolina Register is published twice a monlh and 
contains information relating to agency, executive, legislative and 
judicial actions required by or affecting Chapter 150B of the 
Genera] Statutes. All proposed administrative rules and notices of 
public hearings filed under G.S. 150B-21.2 must be published in 
the Register. The Register will typically comprise approximately 
fifty pages per issue of legal text. 

State law requires that a copy of each issue be provided free of 
charge to each county in the state and to various state officials and 
institutions. 

The North Carolina Register is available by yearly subscription 
at a cost of one hundred and five dollars (S105.00) for 24 issues. 
Individual issues may be purchased for eight dollars (S8.00). 

Requests for subscription to the North Carolina Register should 
be directed to the Office of Administrative Hearings, 
P. 0. Drawer 27447, Raleigh, N. C. 27611-7447. 



TEMPORARY RULES 

Under certain emergency conditions, agencies may issue 
temporary rules. Within 24 hours of submission to OAH, the 
Codifier of Rules must review the agency's written statement of 
findings of need for the temporary rule pursuant to the provisions in 
G.S. 150B-21.1. If the Codifier determines that the findings meet 
the criteria in G.S. 150B-21 .1, the rule is entered into the NCAC. If 
the Codifier determines that the findings do not meet the criteria, 
the rule is returned to the agency. The agency may supplement its 
findings and resubmit the temporary rule for an additional review 
or the agency may respond that it will remain with its initial 
position. The Codifier, thereafter, will enter the rule into the 
NCAC. A temporary rule becomes effective either when the 
Codifier of Rules enters the rule in the Code or on the sixth 
business day after the agency resubmits the rule without change. 
The temporary rule is in effect for the period specified in the rule or 
180 days, whichever is less. An agency adopting a temporary rule 
must begin rule-making procedures on the permanent rule at the 
same tune the temporary rule is filed with the Codifier. 



ADOPTION AMENDMENT, AND REPEAL OF 
RULES 



NORTH CAROLINA ADMINISTRATIVE CODE 



The following is a generalized statement of the procedures to be 
followed for an agency to adopt, amend, or repeal a rule. For the 
specific statutory authority, please consult Article 2A of Chapter 
150B of the General Statutes. 

Any agency intending to adopt, amend, or repeal a rule must 
first publish notice of the proposed action in the North Carolina 
Register. The notice must include the time and place of the public 
hearing (or instructions on how a member of the public may request 
a hearing); a statement of procedure for public comments; the text 
of the proposed rule or the statement of subject matter; the reason 
for the proposed action; a reference to the statutory authority for the 
action and the proposed effective date. 

Unless a specific statute provides otherwise, at least 15 days 
must elapse following publication of the notice in the North 
Carolina Register before the agency may conduct the public 
hearing and at least 30 days must elapse before the agency can take 
action on the proposed rule. An agency may not adopt a rule that 
differs substantially from the proposed form published as part of 
the public notice, until the adopted version has been published in 
the North Carolina Register for an additional 30 day comment 
period. 

When final action is taken, the promulgating agency must file 
the rule with the Rules Review Commission (RRC). After approval 
by RRC. the adopted rule is filed with the Office of Administrative 
Hearings (OAH). 

A rule or amended rule generally becomes effective 5 business 
days after the rule is filed with the Office of Administrative 
Hearings for publication in the North Carolina Administrative Code 
(NCAC). 

Proposed action on rules may be withdrawn by the promulgating 
agency at any time before final action is taken by the agency or 
before filing with OAH for publication in the NCAC. 



The North Carolina Administrative Code (NCAC) is a 
compilation and index of the administrative rules of 25 state 
agencies and 38 occupational licensing boards. The NCAC 
comprises approximately 15,000 letter size, single spaced pages of 
material of which approximately 35% of is changed annually. 
Compilation and publication of the NCAC is mandated by G.S. 
150B-21.18. 

The Code is divided into Titles and Chapters. Each state agency 
is assigned a separate title which is further broken down by 
chapters. Title 21 is designated for occupational licensing boards. 

The NCAC is available in two formats. 

(1) Single pages may be obtained at a minimum cost of 
two dollars and 50 cents (S2.50) for 10 pages or less, 
plus fifteen cents (SO. 15) per each additional page. 

(2) The full publication consists of 53 volumes, totaling in 
excess of 15,000 pages. It is supplemented monthly 
with replacement pages. A one year subscription to the 
full publication including supplements can be 
purchased for seven hundred and fifty dollars 
(S750.00). Individual volumes may also be purchased 
with supplement service. Renewal subscriptions for 
supplements to the initial publication are available. 

Requests for pages of rules or volumes of the NCAC should be 
directed to the Office of Administrative Hearings. 



CITATION TO THE NORTH CAROLINA 
REGISTER 

The North Carolina Register is cited by volume, issue, page 
number and date. 1:1 NCR 101-201, April 1, 1986 refers to 
Volume 1, Issue 1, pages 101 through 201 of the North Carolina 
Register issued on April 1, 1986. 



FOR INFORMATION 


CONTACT 


Office 


of 


Administrative Hearings, 


ATTN: Ru 


es 


Division, 


P.O. 


Drawer 27447, Raleigh, North Carolina 


27611-7447. 


(919) 


733-2678. 











NORTH 
CAROLINA 
REGISTER 




Office of Administrative Hearings 

P. O. Drawer 27447 

Raleigh, North Carolina 27611-7447 

(919) 733-2678 



ISSUE CONTENTS 



I. IN ADDITION 

EHNR - Health Services 1850 

Wildlife Resources Commission 
Proclamation 1851 



II. PROPOSED RULES 

Environment, Health, and 
Natural Resources 

Coastal Management 1862 

Environmental Management .... 1858 
Human Resources 

Mental Health, Developmental 
Disabilities and Substance Abuse 

Services 1852 

Licensing Board 

Practicing Psychologists 1880 

Public Education 

Elementary and Secondary 1873 

Transportation 

Motor Vehicles, Division of .... 1875 



III. LIST OF RULES CODIFIED 



1881 



Julian Mann III, 

Director 
James R. Scarcella Sr. , 

Deputy Director 
Molly Masich, 

Director of APA Services 



Staff: 

Ruby Creech, 

Publications Coordinator 
Teresa Kilpatrick, 

Editorial Assistant 
Jean Shirley, 

Editorial Assistant 

This publication is printed on permanent, 
acid-free paper in compliance with 
G.S. 125-11.13. 



IV. RRC OBJECTIONS 1898 

V. RULES INVALIDATED BY 

JUDICIAL DECISION 1903 

VI. CONTESTED CASE DECISIONS 

Index to AI_J Decisions 1904 

Text of Selected Decisions 

91 EEO 0536 1914 

93 OSP 0522 1922 

93 OSP 0523 1922 

93 DHR 0529 1926 

93 OSP 0567 1922 

VH. CUMULATIVE INDEX 1938 



NORTH CAROLINA REGISTER 

Publication Schedule 

(July 1993 - May 1994) 



Volume 
and 
Issue 

Number 


Issue 
Date 


Last Day 

for 

Filing 


Last Day 
for Elec- 
tronic 
Filing 


Earliest 

Date for 

Public 

Heanng 

15 days 

from 

notice 


* End of 

Required 

Comment 

Period 

30 days 

from 

notice 


Last Day 

to Submit 

to RRC 


** Earliest 

Effective 

Date 


8:7 


07/01/93 


06/10/93 


06/17/93 


07/16/93 


08/02/93 


08/20/93 


10/01/93 


8:8 


07/15/93 


06/23/93 


06/30/93 


07/30/93 


08/16/93 


08/20/93 


10/01/93 


8:9 


08/02/93 


07/12/93 


07/19/93 


08/17/93 


09/01/93 


09/20/93 


11/01/93 


8:10 


08/16/93 


07/26/93 


08/02/93 


08/31/93 


09/15/93 


09/20/93 


11/01/93 


8:11 


09/01/93 


08/11/93 


08/18/93 


09/16/93 


10/01/93 


10/20/93 


12/01/93 


8:12 


09/15/93 


08/24/93 


08/31/93 


09/30/93 


10/15/93 


10/20/93 


12/01/93 


8:13 


10/01/93 


09/10/93 


09/17/93 


10/18/93 


11/01/93 


11/22/93 


01/01/94 


8:14 


10/15/93 


09/24/93 


10/01/93 


11/01/93 


11/15/93 


11/22/93 


01/01/94 


8:15 


11/01/93 


10/11/93 


10/18/93 


11/16/93 


12/01/93 


12/20/93 


02/01/94 


8:16 


11/15/93 


10/22/93 


10/29/93 


11/30/93 


12/15/93 


12/20/93 


02/01/94 


8:17 


12/01/93 


11/05/93 


11/15/93 


12/16/93 


01/03/94 


01/20/94 


03/01/94 


8:18 


12/15/93 


11/24/93 


12/01/93 


12/30/93 


01/14/94 


01/20/94 


03/01/94 


8:19 


01/03/94 


12/08/93 


12/15/93 


01/18/94 


02/02/94 


02/21/94 


04/01/94 


8:20 


01/14/94 


12/21/93 


12/30/93 


01/31/94 


02/14/94 


02/21/94 


04/01/94 


8:21 


02/01/94 


01/10/94 


01/18/94 


02/16/94 


03/03/94 


03/21/94 


05/01/94 


8:22 


02/15/94 


01/25/94 


02/10/94 


03/02/94 


03/17/94 


03/21/94 


05/01/94 


8:23 


03/01/94 


02/08/94 


02/15/94 


03/16/94 


03/31/94 


04/20/94 


06/01/94 


8:24 


03/15/94 


02/22/94 


03/10/94 


03/30/94 


04/14/94 


04/20/94 


06/01/94 


9:1 


04/04/94 


03/11/94 


03/18/94 


04/19/94 


05/04/94 


05/20/94 


07/01/94 


9:2 


04/15/94 


03/24/94 


03/31/94 


05/02/94 


05/16/94 


05/20/94 


07/01/94 


9:3 


05/02/94 


04/11/94 


04/18/94 


05/17/94 


06/01/94 


06/20/94 


08/01/94 


9:4 


05/16/94 


04/25/94 


05/02/94 


05/31/94 


06/15/94 


06/20/94 


08/01/94 



Note: Tune is computed according to the Rules of Civil Procedure, Rule 6. 

* An agency must accept comments for at least 30 days after the proposed text is published or until the date 
of any public hearing, whichever is longer. See G.S. 150B-2 1.2(f) for adoption procedures. 

** The "Earliest Effective Date " is computed assuming that the agency follows the publication schedule above, 
that the Rules Review Commission approves the rule at the next calendar month meeting after submission, and 
that RRC delivers the rule to the Codifier of Rules five (5) business days before the 1st business day of the next 
calendar month. 



Reused 07/93 



IN ADDITION 



This Section contains public notices that are required to be published in the Register or have been 
approved by the Codifier of Rules for publication. 



TITLE 15A 
DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 



COMMISSION FOR HEALTH SERVICES 



In the North Carolina Register of December 15, 1993 (8:18 NCR 1787-1788), notice was given that the 
EHNR-Commission for Health Services intended to adopt rules cited as 15A NCAC 16A .1301 - .1305 to 
enable the AIDS Care Branch to administer a Medicaid-reimbursed HIV Case Management Program. The 
proposed rules have been withdrawn, and it will not be considered at the public hearing to be conducted 
January 5, 1994, at the Highway Building in Raleigh. These rules will be resubmitted in the near future 
by the DHR - Division of Medical Assistance, and another public hearing on these rules will be scheduled 
at that time. 



8:19 NORTH CAROLINA REGISTER January 3, 1994 1850 



IN ADDITION 



North Carolina Wildlife Resources Commission 



512 N. Salisbury Street, Raleigh, North Carolina 27604-1 1! 
Charles R. Fullwood, Executive Director 



5, 919-733-3391 



PROCLAMATION 



Charles R. Fullwood, Executive Director, North Carolina Wildlife Resources Commission, acting pursuant 
to North Carolina General Statute §113-292 (cl) and authority duly delegated by the Wildlife Resources 
Commission, hereby declares that the season for harvesting striped bass by hook-and-line shall remain closed 
in all waters of the Roanoke River Striped Bass Management Area until 12:01 a.m. 18 February 1994. 

Effective 18 February 1994 striped bass may be harvested from 12:01 a.m on Fridays through 12:00 
midnight on Sundays. From 12:01 a.m. on Mondays through 12:00 midnight on Thursdays all striped bass 
regardless of condition shall be immediately returned to the waters where taken and no striped bass may be 
possessed. 

The Roanoke River Striped Bass Management Area is defined as the inland and joint fishing waters of the 
Roanoke River and its tributaries, extending from its mouth to Roanoke Rapids Dam, including the Cashie, 
Middle, and Eastmost rivers and their tributaries. 

This proclamation shall be effective at 12:01 a.m. 1 January 1994 and shall remain in effect until a new 
proclamation closing described waters or portions thereof for striped bass fishing is issued. 

NOTES: 

a) This Proclamation is issued under the authority of N.C.G.S. §§113-132; 113-134; 113-292; 113- 
304; and 113-305. 

b) All striped bass regardless of condition taken subsequent to the effective date and time of this 
Proclamation shall be immediately returned to the waters where taken and no striped bass may 
be possessed. 

c) Any person who violates this Proclamation also violates applicable law and is subject to the 
sanctions provided by law. 



NORTH CAROLINA WILDLIFE RESOURCES COMMISSION 



by Charles R. Fullwood 

Executive Director 



12/09/93 
Date 



1851 



8:19 



NORTH CAROLINA REGISTER 



January 3, 1994 



IN ADDITION 



TITLE 10 - DEPARTMENT OF 
HUMAN RESOURCES 

Notice is hereby given in accordance with G.S. 
150B-21. 2 that the Commission for Mental Health, 
Developmental Disabilities and Substance Abuse 
Services intends to amend rules cited as 10 NCAC 
14K .0201; 14Q .0305; adopt 140 .0701, .0704, 
.0708, .0709; 18N .0601 and .0603, with changes 
from the proposed text noticed in the Register, 
Volume 8, Issue 13, pages 1217 - . 1248. 

1 he proposed effective date of this action is April 
1, 1994. 

ixeason for Proposed Action; To provide public 
notice of substantive changes made at the Novem- 
ber 9, 1993 public hearing regarding requirements 
contained in "Licensure Rules" and "Standards" 
for residential services. 

Lsonvnent Procedures; Written comments may be 
submitted to Charlotte Tucker, Division of Mental 
Health, Developmental Disabilities and Substance 
Abuse Services, Albemarle Building, 325 N. 
Salisbury Street, Raleigh, N.C. 27603. These 
comments will be accepted from January 3, 1994 
through February 7, 1994. 

Auditor's Note: An agency may not adopt a rule 
that differs substantially from the text of a pro- 
posed rule published in the Register, unless the 
agency publishes the text of the proposed differ- 
ent rule and accepts comments on the new text 
for at least 30 days after the publication of the 
new text. 



or substance abusers without first obtaining a 
license from the Division of Facility Services, 701 
Barbour Drive, Raleigh, N.C. 27603. 

£b} In accordance with G.S. 122C-3H4) a 
facility shall be licensed if the primary purpose of 
the facility is to provide services for the care, 
treatment, habilitation or rehabilitation for one or 
more minors, or for two or more adults who are 
mentally ill, developmentally disabled or are 
substance abusers as follows: 

(1) When the primary purpose of a 24-hour 
facility is to provide treatment, the 
facility shall be licensed in accordance 
with rules specific to the type of treat- 
ment provided or the population served; 
or 

(2) When the primary purpose of a 24-hour 
facility is to provide habilitation, reha- 
bilitation, or care in a home environ- 
ment; thereby necessitating the presence 
of an employee who will provide client 
supervision, the facility shall be 
licensed under the provisions of 10 
NCAC 14Q .0700 - Supervised Living. 

(c) Living arrangements that may be 

coordinated, organized or provided for or in 
conjunction with adult clients by the provision of 
case management or personal assistance shall not 
be considered residential facilities that require 
licensing under G.S. 122C. 

Material adopted by reference shall include 
subsequent amendments and editions. 

Statutory Authority G.S. 122C-3; 122C-23; 122C- 
26; 143B-174. 

SUBCHAPTER 140 - LICENSURE RULES 

FOR FACILITIES SERVING MORE 

THAN ONE DISABILITY 



CHAPTER 14 - MENTAL HEALTH: 
GENERAL 

SUBCHAPTER 14K - CORE LICENSURE 

RULES FOR MENTAL HEALTH: MENTAL 

RETARDATION AND OTHER 

DEVELOPMENTAL DISABILITIES: 

AND SUBSTANCE ABUSE FACILITIES 

SECTION .0200 - LICENSURE 

.0201 LICENSE REQUIRED 

(a) No person shall establish, maintain or oper- 
ate a licensable facility for the mentally ill, mental- 
ly retarded or otherwise developmentally disabled 



SECTION .0700 - SUPERVISED LIVING 

.0701 SCOPE 

(a) Supervised living is the designation of a 24- 
hour facility which provides residential services to 
individuals in a home environment where the 
primary purpose of these services is the care, 
habilitation or rehabilitation of individuals who 
have a mental illness, a developmental disability or 
disabilities, or who have a substance abuse 
problem, and who require supervision when in the 
residence. 

(b) A supervised living facility shall be licensed 
if the facility serves: 

(1) one or more clients under the age of 



8:19 



NORTH CAROLINA REGISTER 



January 3, 1994 



1852 



PROPOSED RULES 



18; or 
(2) two or more adult clients. 

Statutory Authority G.S. 143B-147. 

.0704 STAFF REQUIREMENTS 

(a) Staff-client ratios shall be designed to 
provide staff to respond to individualized client 
needs. 

fb) A minimum of one staff member shall be 
present at all times when any adult client is on the 
premises, except when approval has been given for 
the client to remain unsupervised in the home, and 
provided that: 

(1) the client has been deemed capable of 
remaining in the home without supervi- 
sion for a specified period time by a 
qualified professional of the operating 
agency or area program; and 

(2) the approval is documented in the 
client's record. 

(c) Staff shall be present in a facility in the 
following client-staff ratios when more than one 
child or adolescent client is present: 

(1 ) children or adolescents with mental 
illness or emotional disturbance shall be 
served with one staff present for each 
four or fewer clients present; 
children or adolescents with substance 



121 



01 



abuse shall be served with a minimum 
of one staff present for each five or 
fewer minor clients present during 
waking hours: or 

children or adolescents with develop- 
mental disabilities shall be served with 
one staff present for each one to three 
clients present and two staff for each 
four or more clients present. However, 
only one staff member need be present 
during sleeping hours if emergency 
back-up procedures are sufficient to 
allow only one staff member on duty. 



Statutory- Authority- G.S. 143B-147. 

.0708 PROGRAM ACTIVITIES 

(a) Each client shall have the opportunity to 
participate in normal independent living activities. 

(b) Each client shall be involved in treatment, 
rehabilitation, vocational, educational, employ- 
ment, social and community activities on a regular 
basis in accordance with the needs of the client. 

(c) For each client with a developmental disabil- 
ity, staff shall provide daily training activities in 
accordance with the client's needs. 



Statutory- Authority G.S. 143B-147. 

.0709 CLIENT TRATNTNG IN 
HEALTH AND SAFETY 

(a) Each adolescent and adult client shall receive 
training and be given opportunities to obtain 
independent living skills. 

(b) Each client shall receive instructions in 
obtaining services |n emergency situations. 

Statutory- Authority- G S. 143B-147. 

SUBCHAPTER 14Q - GENERAL RIGHTS 

SECTION .0300 - GENERAL CIVIL, 
LEGAL AND HUMAN RIGHTS 

.0305 PROTECTION FROM HARM. 
ABUSE. NEGLECT OR 
EXPLOITATION 

(a) Employees shall protect clients from harm, 
abuse, neglect and exploitation in accordance with 
G.S. 122C-66. 

(b) Employees shall not subject a client to any 
sort of neglect or indignity, or inflict abuse upon 
any client. 

(c) Goods or services shall not be sold to or 
purchased from a client except through established 
governing body policy. 

(d) Employees shall use only that degree of 
force necessary to repel or secure a violent and 
aggressive client and which is permitted by gov- 
erning body policy. The degree of force that is 
necessary depends upon the individual characteris- 
tics of the client (such as age, size and physical 
and mental health) and the degree of aggressive- 
ness displayed by the client. Use of intervention 
procedures shall be compliance with Subchapter 10 
NCAC 14R of this Chapter. 

(e) Any violation by an employee of Paragraphs 
(a) through (d) of this Rule shall be grounds for 
dismissal of the employee. 

Statutory- Authority G.S. 122C-59; 122C-65; 122C- 
66; 143B-147. 

CHAPTER 18 - MENTAL HEALTH: 
OTHER PROGRAMS 

SUBCHAPTER 18N - OPTIONAL 
SERVICES FOR LNDIVIDUALS 
OF ALL DISABILITY GROUPS 

SECTION .0600 - PERSONAL 
ASSISTANCE 



1853 



8:19 



NORTH CAROLINA REGISTER 



January 3, 1994 



PROPOSED RULES 



.0601 SCOPE 

(a) Personal assistance is a service which 
provides aid to a client who has mental illness, 
developmental disabilities or substance abuse so 
that the client can engage in activities and 
interactions from which the client would otherwise 
be limited or excluded because of his disability or 
disabilities. The assistance includes: 

(1) assistance in personal or regular living 
activities in the client's home; 

(2) support in skill development; or 

(3) support and accompaniment of the 
client in regular community activities or 
in specialized treatment, habilitation or 
rehabilitation service programs. 

(b) If these Rules are in conflict with Medicaid 
rules or Medicare regarding Personal Care, and 
Medicaid or Medicare is to be billed, then the 
Medicaid or Medicare rules shall prevail . 

Statutory Authority G.S. 143B-147. 

.0603 STAFF TRAINING 

Individuals who are employed to provide 
personal assistance shall have: 

(1) at least a high-school diploma or its 
equivalent; and 

(2) special training regarding the needs of the 
specific client for whom assistance will 
be provided. 

Statutory Authority G.S. 143B-147. 






* * * 



10 NCAC 16A .0401 - .0403 - These Rules are 
proposed for adoption to implement the 1993 
legislation, and to clarify roles and scope of 
responsibilities of area programs in carrying out 
House Bill 513. 

10 NCAC 18L .1515 - The Rule is proposed for 
amendment for clarification to remove the expecta- 
tion that the State Interagency Coordinating 
Council actually carries out the mediation. 
10 NCAC 18M .0802 - Recently, the CARF stan- 
dards were expanded and additional ADAP stan- 
dards covered. This change updates the deeming 
to include those additional standards. 
10 NCAC 18M .0818 - The proposed amendments 
are to clarify language by substituting "develop- 
mental disabilities " for "mental retardation. " 

K^omment Procedures: Any interested person may 
present comments by oral presentation or submit- 
ting a written statement. Persons wishing to make 
oral presentations should contact Charlotte Tucker, 
Division of Mental Health, Developmental Disabil- 
ities and Substance Abuse Services, 325 N. Salis- 
bury Street, Raleigh, N. C. 27603, 919-733-4774. 
Comments submitted as a written statement must 
be sent to the above address no later than Febru- 
ary 7, 1994, and must state the Rules to which the 
comments are addressed. Time limits for oral 
remarks may be imposed. Fiscal information 
regarding these Rules is available from the Divi- 
sion upon request. 

CHAPTER 16 - MENTAL HEALTH: 
MR CENTERS 



I\otice is hereby given in accordance with G.S. 
150B-21.2 that the Commission for Mental Health, 
Developmental Disabilities and Substance Abuse 
Services intends to adopt rules cited as 10 NCAC 
16A .0401 - .0403; amend 18L.1512; 18M .0802 
and .0818. 

1 he proposed effective date of this action is April 
1, 1994. 

1 he public hearing will be conducted at 1:30 
p.m. on February 8, 1994 at the Sheraton Inn- 
Kinston, 1403 Richland Rd. , Salon C &D (Meet- 
ing Room), Kins ton, N. C. 28501. 



R 



easonfor Proposed Action: 



SUBCHAPTER 16A - GENERAL 
RULES FOR MR CENTERS 

SECTION .0400 - SINGLE PORTAL OF 
ENTRY AND EXIT DESIGNATION 

.0401 SCOPE 

(a) The rules in this Section a pply to single 
portal of entry and exit policy for public and 
private services for individuals with developmental 
disabilities as set forth in G.S. 122C-132.1. 

fb) Services provided under the following 
authorities shall be subject to the rules of this 
Section: 

i\} G.S. 122Cand 131D-2; 
{2} Part A of Article 6 of Chapter 13 IE; 
£3} Article 7 of Chapter 110; 
(4) Rules of the Division of Vocational 
Rehabilitation Services; and 



8:19 



NORTH CAROLINA REGISTER 



January 3, 1994 



1854 



PROPOSED RULES 



151 



Rules of the Social Services Commis- 



(c) The criteria and procedures shall be followed 
by: 

staff of the local area mental health 



ill 
ill 



authority; and 

public and private providers of 
day/night and residential services for 
persons with mental retardation and 
developmental disabilities. 



Statutory Authority G.S. 143B-147. 

.0402 EXPLANATION OF TERMS 

For the purposes of the rules in this Section, the 
following terms shall have the meanings indicated: 

(1) "Community Interagency Council" means 
a group of human service professionals 
from various agencies and organizations 
who: 



fj) 



lb] 



icj 



function under the guidance of the area 
mental health, developmental 
disabilities and substance abuse author- 
ity; 

assist in planning for the needs of 
individuals with developmental 
disabilities; and 
provide general 



fil 
fill 

(iii) 



ill 



14} 
£5} 
(6} 



information and 
education to the community in: 

identifying client needs; 

identifying available resources and 

alternatives; and 

determining a client's appropriateness 

for services within various agencies in 

the community. 
"Coordinator of developmental 
disabilities" means the designated staff 
employed by the area authority who 
coordinates services, at the local level, to 
individuals with mental retardation and 
developmental disabilities. 
"Day/night and 24-hour service" means 
the same as defined in G.S. 122C-3. 
"Developmental disabilities" means the 
same as defined in G.S. 122C-3. 
"Funded jointly" means funding from two 
or more sources/agencies. 
"Individual" means the same as "client" 
as defined in G.S. 122C-3. 



"Notification procedures for provision of 
services" means services provided by one 
area program in another area program's 
catchment area, as specified in K) NCAC 
18A .0605. 
(8) "Review" means an organized protocol to 



121 



access the needs of individuals for 
day/night and 24-hour services to ensure 
appropriate referrals. 
"Single portal of entry and exit policy" 
means the same as defined in G.S. 122C- 
3^ with the following exception: "may be 
adopted by an area authority and shall be 
approved by the Secretary before it is in 
force" should read "shall be adopted by 
an area authority and shall be ap proved 
by the Secretary before it is in force. " 
"Waiting list" means a functional listing 
of persons who are in need of day/night 
and 24-hour services. 



Statutory Authority G.S. 143B-147. 

.0403 DESIGNATION PROCEDURES 

(a) Each area authority shall develop a single 
portal of entry and exit plan that shall include, but 
not be limited to: 

listing 



10) 



ill 

in 



services to be 



01 



(A) 
IB} 

L£l 

ID} 
1 
£A} 

HI 



a specific listing of 
covered by the plan; 
procedures for: 

review of individuals to be admitted 

to or discharged from services; 

shared responsibility when individuals 

are admitted directly to a State 

facility; 

review of facility and citizen 

complaints; and 

specific grievance process; 
provisions for: 

services funded 



authorities and 

agencies; 
services funded 



jointly 
local 



by area 
education 



authorities and 



jointly by area 
the Division of 
Vocational Rehabilitation; 

(C) decision-making within the 
Community Interagency Council with 
details regarding the authority of the 
area program for input and final 
decision; 

(D) residential facilities located in an area 
program serving 



mental health 



statewide/regional clients; and 

(E) placement of clients outside their 

county of residence; 

(4) a process for maintaining a functional 

waiting list which shall contain, but not 

be limited to, the following 

documentation for each potential client: 

(A) name and identifying information; 

(B) referral date; 



1855 



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January 3, 1994 



PROPOSED RULES 



(C) eligibility status; 

(D) identified disability; 

(E) requested type of service which shall 
include, but not be limited to: 

(i) name and location of service 

referred to; 
(ii) date of need for service; 
(iii) service availability; and 

(F) status of referral which includes 
following; 

(i) slot availability; 
(ii) acceptance of referral; 
(iii) date of enrollment; 
(iv) rejection of referral; and 
(5) documentation of: 

(A) the effort to integrate independent 
facilities into a unified and 
coordinated system; 

(B) the promotion of quality care; and 

(C) the participation of the client and 
family in the service placement 
process. 

(b) The area authority shall ensure: 



£2) 

13) 



adherence to notification procedures as 
set forth in 10 NCAC 18A .0605 
NOTIFICATION PROCEDURES FOR 
PROVISION OF SERVICES; 

compliance with P.L. 99-457 regarding 
45-day waiting list; 

that annual summary reports for waiting 
lists are submitted to the Division by 
January 30 of each year which shall 



include, but need not be limited to: 

(A) the information as specified in 
Subparagraph (a)(4) of this Rule; 

(B) types of services (all clients referred 
to each service including date, status, 
and number of days waiting by 
service type code); 

1Q 

im 
im 

IE) 



£4) 



15} 



service type code); 

providers of services (providers in 

provider code order); 

provider statistics on referrals 

(providers with number of referrals 

and length of waiting period); 

service type statistics (service types 

with number of referrals and length of 

waiting period); and 

frequency report (providers, service 

types and age groups with the number 

of referrals for each and the percent 

of the total it represents; 

review of the plan by the Community 

Interagency Council for approval by the 

Area Board; 

that the plan is forwarded to the 



Division to be approved by the 
Secretary; 

(6) that any changes in the plan are 
approved by the Secretary, once the 
area is designated as single portal; and 

(7) that the approved plan is made available 
to local providers. 



the Statutory Authority G.S. 143B-1 47. 



CHAPTER 18 - MENTAL HEALTH: 
OTHER PROGRAMS 

SUBCHAPTER 18L - PROGRAM 

COMPONENT OPERATIONAL 

STANDARDS 

SECTION .1500 - EARLY INTERVENTION 
SERVICES PROCEDURE SAFEGUARDS 

.1512 MEDIATION 

(a) Parents of an eligible child may request 
mediation to resolve a complaint as an intervening 
step prior to the administrative proceeding. If 
mediation is requested, the mediation shall take 
place prior to the administrative proceeding. 
Mediation shall be conducted by the Governor's 

Interagency Advisory Council — which was- 

established in response to P.L. 99 4 57. Mediation 
may not be used to deny or delay a parent's right 
to speedy complaint resolution. — The mediative, 
administrative — proceeding — aad — written — decision 
mu s t be completed within the 30 day timeline set 
forth in Rule .1517 of this Section. 

(b) An impartial person shall be: 

(1) appointed by the area director to serve 
as a mediator; 

(2) selected from a Hst of mediators 
approved by the Chief of the Develop- 
mental Disabilities Section of the 
Division; and 

(3) subject to qualifications of an impartial 
person as specified in Section 303.421 
of Subpart E of Part 303 of Title 34 of 
the Code of Federal Regulations. This 
adoption by reference shall include any 
subsequent amendment and editions of 
the referenced material. 

(c) The Division shall provide a training 
program for the mediators. 

(d) Mediation may not be used to deny or delay 
a parent's right to speedy complaint resolution. 
The mediative, administrative proceeding and 
written decision must be completed within the 30- 
day timeline set forth in Rule .1517 of this 



8:19 



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January 3, 1994 



1856 



PROPOSED RULES 



Section. 

Statutory Authority G.S. 143B-147; 150B-I(d); 20 
U.S.C. Sections 1401 et. seq. , 1471 et. seq.. 

SUBCHAPTER 18M - REQUIRED 
SERVICES 

SECTION .0800 - ADULT 

DEVELOPMENTAL ACTIVITY 

PROGRAMS (ADAP) FOR 

INDIVIDUALS WITH SUBSTANTIAL 

MENTAL RETARDATION, SEVERE 

PHYSICAL DISABILITIES OR OTHER 

SUBSTANTIAL DEVELOPMENTAL 

DISABILITIES 

.0802 COMPLIANCE REVIEW 

(a) An ADAP that is accredited by the 
Commission on Accreditation of Rehabilitation 
Facilities (CARF) in the Activity Service track or 
an ADAP which also incorporates work activity 
training in its program and which is accredited by 
CARF in the Activity Service and Work 
Adjustment or Work Service tracks shall be 
reviewed for compliance with 10 NCAC 18K 
(Contract Agency Management Standards) and 10 
NCAC 18L (Program Component Operational 
Standards) and with according to the provisions of 
this Section as follows: 

(1) Each ADAP which is operated by the 
area program shall comply with 10 
NCAC 18L .0434; .0703; .0705; 
.0806; and . 1307, contained in Division 
publication, Standards for Area 
Programs and Their Contract Agencies. 
APSM 35-1; all of the standards 
delineated in 10 NCAC 18L; and each 
ADAP which is under contract with an 
area program shall comply with the 
standards delineated in 10 NCAC 18K 
and 10 NCAC 18L; and 

(2) Each ADAP which js under contract 
with an area program: 

(A) shall comply with: 

£i) 10 NCAC 18D .0124, contained 
i_n Division publication. 
Confidentiality Rules, APSM 45- 
ii and 10 NCAC 181 .0120; 18K 
.0111; 18L .0434; .0703; .0705; 
.0806; and .1307, contained in 
Division publication. Standards 
for Area Programs and Their 
Contract Agencies, APSM 35-1; 
ijil 10 NCAC 18L .0224 and .0511, 



if these are not addressed in the 
contract with the area program; 

(B) shall maintain client record 
documentation, as required by the 
Division; and 

(C) may, at the discretion of the area 
program, be deemed in compliance 
with the rules in this Section. 

(33) Each ADAP, whether operated by the 

area program^ or under contract with an 

area program, shall be reviewed for 

compliance with the following Rules 

.0817 in this Sectiont .0817, .0818 and 

t0834. 

(b) The ADAP shall submit to the funding 

agency a copy of its most recent CARF Facilities 

Survey Report, and, if applicable, the Plan of 

Compliance and subsequent notice of CARF's 

acceptance of the correctionfs) made in accordance 

with the plan. 

Statutory Authority G.S. 143B-147. 

.0818 ADMISSION CRITERIA AND 
PROCEDURES 

(a) Each ADAP shall have an admissions 
committee. 

(b) A pre-admission staffing shall be held for 
each client considered for admission to the ADAP. 
During the staffing, the committee shall consider 
information available regarding the client's 
medical, psychological and social histories. 

(c) Results of the pre-admission staffing shall be 
documented and forwarded to the referral agency. 
A representative of the ADAP admissions 
committee shall notify the client. 

(d) Each ADAP shall have written admission 

policies and procedures- These — policies and 

procedures shall which shall include at least the 
following: 

(1) Each client shall be referred to the 
Division of Vocational Rehabilitation 
Services with written documentation of 
this referral. 

(2) A qualified mental retardation 

developmental disabilities professional 
of the area program shallj. obtain a 
written — recommendation — from — the 

vocational rehabilitation counselor 

recommending — consideration — fef — a 
placement in the ADAP. 

(A) obtain a recommendation from the 
vocational rehabilitation counselor for 
placement [n the ADAP; and 

(3B) A qualified developmental disabilities 



1857 



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January 3, 1994 



PROPOSED RULES 



professional of the area program shall 
certify the eligibility of each client for 
the ADAP service^ taking into 
consideration at least the provision of 
(by, and (d)(1) and (2) of this Rule. 

Statutory Authority G.S. 122C-51; 143B-147. 

TITLE 15A - DEPARTMENT OF 

ENVIRONMENT, HEALTH, AND 

NATURAL RESOURCES 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the EHNR-Environmental Manage- 
ment Commission intends to amend rules cited as 
15 A NCAC 2B .0306, .0309 and .0311. 

1 he proposed effective date of this action is July 
1, 1994. 

1 he public hearings will be conducted at: 

7:00 p.m. 

March 14, 1994 

Parkland High School Auditorium 

1600 Brewer Road 

Winston-Salem, NC 

7:00 p.m. 

March 15, 1994 

Catawba Valley Community College Auditorium 

2550 Highway 70 SE 

Hickory, NC 

7:00 p.m. 

March 17, 1994 

Lee County Courthouse 

Courtroom 1 

1408 South Horner Boulevard 

Sanford, NC 

Keason for Proposed Action: To appropriately 
classify surface waters in the Broad, Yadkin and 
Cape Fear River Basins. Reclassifications are 
associated with surface water supplies that were 
not classified correctly during the major effort 
undertaken in 1991 and 1992 to reclassify surface 
water supply watersheds according to the require- 
ments of the Water Supply Watershed Protection 
Act (NCGS 143-214.5). 

(comment Procedures: All persons interested in 



these matters are invited to attend. Comments, 
statements, data and other information may be 
submitted in writing prior to, during or within 30 
days after the hearing or may be presented verbal- 
ly at the hearing. Verbal statements may be 
limited at the discretion of the hearing officer. 
Submittal of written copies of verbal statements is 
encouraged. Comments or questions may be 
addressed to Steve Zoufaly, Division of Environ- 
mental Management, P.O. Box 29535, Raleigh, 
NC 27626-0535, (919) 733-5083. 

1 hese Rules affects the expenditures or revenues 
of local funds. A fiscal note was submitted to the 
Fiscal Research Division on 11/22/93, OSBM on 
11/22/93, N.C. League of Municipalities on 
11/22/93, and N.C. Association of County Com- 
missioners on 11/22/93. 

CHAPTER 2 - ENVIRONMENTAL 
MANAGEMENT 

SUBCHAPTER 2B - SURFACE 
WATER STANDARDS: MONITORING 

SECTION .0300 - ASSIGNMENT OF 
STREAM CLASSIFICATIONS 



.0306 BROAD RIVER BASIN 

(a) Places where the schedules may be inspect- 
ed: 

(1) Clerk of Court: 
Buncombe County 
Cleveland County 
Gaston County 
Henderson County 
Lincoln County 
McDowell County 
Polk County 
Rutherford County 

(2) North Carolina Department of Environ- 
ment, Health, and Natural Resources: 

(A) Mooresville Regional Office 
919 North Main Street 
Mooresville, North Carolina 

(B) Asheville Regional Office 
Interchange Building 

59 Woodfin Place 
Asheville, North Carolina 

(b) Unnamed Streams. Such streams entering 
South Carolina are classified "C". 

(c) The Broad River Basin Schedule of Classifi- 
cations and Water Quality Standards was amended 



8:19 



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January 3, 1994 



1858 



PROPOSED RULES 



effective: 

(1) March 1, 1977; 

(2) February 12, 1979; 

(3) August 12, 1979; 

(4) April 1, 1983; 

(5) February 1, 1986; 

(6) August 3, 1992; 

(7) July 1, 1994. 

(d) The Schedule of Classifications and Water 
Quality Standards for the Broad River Basin was 
amended effective August 3, 1992 with the reclas- 
sification of all water supply waters (waters with 
a primary classification of WS-I, WS-II or WS- 
III). These waters were reclassified to WS-I, WS- 
II, WS-III, WS-IV or WS-V as defined in the 
revised water supply protection rules, (15A NCAC 
2B .0100, .0200 and .0300) which became effec- 
tive on August 3, 1992. In some cases, streams 
with primary classifications other than WS were 
reclassified to a WS classification due to their 
proximity and linkage to water supply waters. In 
other cases, waters were reclassified from a WS 
classification to an alternate appropriate primary 
classification after being identified as downstream 
of a water supply intake or identified as not being 
used for water supply purposes. 

(e) The Schedule of Classifications and Water 
Quality Standards for the Broad River Basin was 
amended effective July k> 1994 with the reclassifi- 
cation of the Second Broad River [Index No. 9-41- 
(0.5)1 from its source to Roberson Creek including 
associated tributaries was reclassified from Class 
WS-V to Classes WS-V, WS-IV and WS-IV CA. 

Statutory Authority G.S. 143-214.1; 143-215.1; 

143-215. 3(a)(1). 

.0309 YADKIN-PEE DEE RIVER BASIN 

(a) Places where the schedule may be inspected: 
(1) Clerk of Court: 

Alexander County 
Anson County 
Cabarrus County 
Caldwell County 
Davidson County 
Davie County 
Forsyth County 
Guilford County 
Iredell County 
Mecklenburg County 
Montgomery County 
Randolph County 
Richmond County 
Rowan County 
Stanly County 



Stokes County 
Surry County 
Union County 
Watauga County 
Wilkes County 
Yadkin County 
(2) North Carolina Department of Environ- 
ment, Health, and Natural Resources: 

(A) Mooresville Regional Office 
919 North Main Street 
Mooresville, North Carolina 

(B) Winston-Salem Regional Office 
8025 North Point Boulevard, Suite 
100 

Winston-Salem, North Carolina 

(C) Fayetteville Regional Office 
Wachovia Building 

Suite 714 

Fayetteville, North Carolina 

(D) Asheville Regional Office 
Interchange Building 

59 Woodfin Place 
Asheville, North Carolina 

(b) Unnamed Streams. Such streams entering 
Virginia are classified "C," and such streams 
entering South Carolina are classified "C". 

(c) The Yadkin-Pee Dee River Basin Schedule 
of Classifications and Water Quality Standards was 
amended effective: 

(1) February 12, 1979; 

(2) March 1, 1983; 

(3) August 1, 1985; 

(4) February 1, 1986; 

(5) October 1, 1988; 

(6) March 1, 1989; 

(7) January 1, 1990; 

(8) August 1, 1990; 

(9) January 1, 1992; 

(10) April 1, 1992; 

(11) August 3, 1992; 

(12) December 1, 1992; 

(13) April 1, 1993; 

(14) July 1, 1994. 



(d) The Schedule of Classifications and Water 
Quality Standard for the Yadkin-Pee Dee River 
Basin has been amended effective October 1, 1988 
as follows: 

(1) Mitchell River [Index No. 12-62-(l)] 
from source to mouth of Christian 
Creek (North Fork Mitchell River) 
including all tributaries has been reclas- 
sified from Class B Tr to Class B Tr 
ORW. 

(2) Mitchell River [Index No. 12-62-(7)] 
from mouth of Christian Creek (North 



1859 



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NORTH CAROLINA REGISTER 



January 3, 1994 



PROPOSED RULES 



Fork Mitchell River) to Surry County 
SR 1315 including all tributaries has 
been classified from Class C Tr to C 
Tr ORW, except Christian Creek and 
Robertson Creek which will be reclassi- 
fied from Class B Tr to Class B Tr 
ORW. 
(3) Mitchell River [Index No. 12-62-(12)] 
from Surry County SR 1315 to mouth 
of South Fork Mitchell River including 
all tributaries from Class C to Class C 
ORW. 

(e) The Schedule of Classifications and Water 
Quality Standards for the Yadkin-Pee Dee River 
Basin was amended effective March 1, 1989 as 
follows: 

(1) Elk Creek [Index Nos. 12-24-(l) and 
12-24-(10)] and all tributary waters 
were reclassified from Class B-trout, 
Class C-trout and Class B to Class 
B-trout ORW, Class C-trout ORW and 
Class B ORW. 

(f) The Schedule of Classifications and Water 
Quality Standards for the Yadkin-Pee Dee River 
Basin was amended effective January 1, 1990 as 
follows: Barnes Creek (Index No. 13-2-18) was 
reclassified from Class C to Class C ORW. 

(g) The Schedule of Classifications and Water 
Quality Standards for the Yadkin-Pee Dee River 
Basin has been amended effective January 1, 1992 
as follows: 

(1) Little River [Index Nos. 13-25-(10) and 
13-25-(l 9)] from Suggs Creek to 
Densons Creek has been reclassified 
from Classes WS-III and C to Classes 
WS-III HQW and C HQW. 

(2) Densons Creek [Index No. 
13-25-20-( 1 )] from its source to Troy's 
Water Supply Intake including all 
tributaries has been reclassified from 
Class WS-III to Class WS-III HQW. 

(3) Bridgers Creek (Index No. 13-25-24) 
from its source to the Little River has 
been reclassified from Class C to Class 
C HQW. 

(h) The Schedule of Classifications and Water 
Quality Standards for the Yadkin-Pee Dee River 
Basin was amended effective April 1, 1992 with 
the reclassification of the North Prong South Fork 
Mitchell River from Class C to Class C Trout. 

(i) The Schedule of Classifications and Water 
Quality Standards for the Yadkin-Pee Dee River 
was amended effective August 3, 1992 with the 
reclassification of all water supply waters (waters 
with a primary classification of WS-I, WS-II or 



WS-III). These waters were reclassified to WS-I, 
WS-II, WS-III, WS-IV or WS-V as defined in the 
revised water supply protection rules, (15 A NCAC 
2B .0100, .0200 and .0300) which became 
effective on August 3, 1992. In some cases, 
streams with primary classifications other than WS 
were reclassified to a WS classification due to their 
proximity and linkage to water supply waters. In 
other cases, waters were reclassified from a WS 
classification to an alternate appropriate primary 
classification after being identified as downstream 
of a water supply intake or identified as not being 
used for water supply purposes. 

(j) The Schedule of Classifications and Water 
Quality Standards for the Yadkin-Pee Dee River 
Basin has been amended effective December 1, 
1992 as follows: 

(1) Pike Creek (Index No. 12-46-1-2) was 
reclassified from Class C Tr to Class C 
Tr HQW; 

(2) Basin Creek (Index No. 12-46-2-2) was 
reclassified from Class C Tr to Class C 
Tr ORW; 

(3) Bullhead Creek (Index No. 12-46-4-2) 
was reclassified from Class C Tr to 
Class C Tr ORW; 

(4) Rich Mountain Creek (Index No. 
12-46-4-2-2) was reclassified from 
Class Tr to Class C Tr ORW; and 

(5) Widows Creek (Index No. 12-46-4-4) 
was reclassified from Class C Tr HQW 
to Class C Tr ORW. 

(k) The Schedule of Classifications and Water 
Quality Standards for the Yadkin-Pee Dee River 
Basin has been amended effective July L, 1994 as 
follows: 

Lanes Creek rindex Nos. 13-17-40-(l) 
and 13-17-40-00,5)1 from its source to 
the Marshville water supply dam 
including tributaries was reclassified 
from Classes WS-II and WS-II CA to 
Class WS-V 

The South Yadkin River rindex Nos. 
12-108-(9.7) and 12-108-05.5)1 from 
Iredell County SR 1892 to a point 0.7 
mile upstream of the mouth of Hunting 
Creek including associated tributaries 
was reclassified from Classes WS-V, C 
and WS-IV to Classes WS-V WS-IV, 
C and WS-IV CA. 

The Yadkin River rindex Nos. 12-(53) 
and 12-(71)1 from a point 0.3 mile 
upstream of the mouth of Elkin Creek 
(River) to the Town of King water 
supply intake including associated 



LU 



ill 



m 



8:19 



NORTH CAROLINA REGISTER 



January 3, 1994 



1860 



PROPOSED RULES 



tributaries was reclassified from Classes 



C and WS-IV 
WS-IV CA. 



to Classes WS-IV and 



(4) The Yadkin River [Index Nos. 12- 
(80.5), 12-(81.5) and 12-(84.5)1 from 
the Town of King water supply intake 
to the Davie County water supply 
intake reclassified from Classes C, B^ 
WS-IV and WS-V to Classes WS-IV 
WS-IV&B and WS-IV CA. 



Statutory Authority- G.S. 143-214.1; 143-215.1; 
143-215. 3(a)(1). 

.0311 CAPE FEAR RIVER BASE\ 

(a) Places where the schedules may be 
inspected: 

(1) Clerk of Court: 
Alamance County 
Bladen County 
Brunswick County 
Caswell County 
Chatham County 
Columbus County 
Cumberland County 
Duplin County 
Durham County 
Forsyth County 
Guilford County 
Harnett County 
Hoke County 

Lee County 
Montgomery County 
Moore County 
New Hanover County 
Onslow County 
Orange County 
Pender County 
Randolph County 
Rockingham County 
Sampson County 
Wake County 
Wayne County 

(2) North Carolina Department of 
Environment. Health, and Natural 
Resources: 

(A) Winston-Salem Regional Office 
8025 North Point Boulevard, Suite 
100 

Winston-Salem, North Carolina 

(B) Fayetteville Regional Office 
Wachovia Building 

Suite 714 

Fayetteville. North Carolina 

(C) Raleigh Regional Office 



3800 Barrett Drive 
Raleigh, North Carolina 

(D) Washington Regional Office 
1424 Carolina Avenue 
Washington, North Carolina 

(E) Wilmington Regional Office 
127 Cardinal Drive Extension 
Wilmington, North Carolina 

(b) The Cape Fear River Basin Schedule of 
Classification and Water Quality Standards was 
amended effective: 

(1) March 1, 1977; 

(2) December 13, 1979; 

(3) December 14, 1980; 

(4) August 9, 1981; 

(5) April 1, 1982; 

(6) December 1, 1983; 

(7) January 1, 1985; 

(8) August 1, 1985; 

(9) December 1, 1985; 

(10) February 1, 1986; 

(11) July 1, 1987; 

(12) October 1, 1987; 

(13) March 1, 1988; 

(14) June 1, 1988; 

(15) July 1, 1988; 

(16) January 1. 1990; 

(17) August 1, 1990; 

(18) August 3, 1992; 

(19) July 1, 1994. 

(c) The Schedule of Classifications and Water 
Quality Standards for the Cape Fear River Basin 
has been amended effective June 1, 1988 as 
follows: 

(1) Cane Creek [Index No. 16-21-(1)] from 
source to a point 0.5 mile north of 
N.C. Hwy. 54 (Cane Reservoir Dam) 
including the Cane Creek Reservoir and 
all tributaries has been reclassified from 
Class WS-III to WS-I. 

(2) Morgan Creek [Index No. 16-41-1-(1)] 
to the University Lake dam including 
University Lake and all tributaries has 
been reclassified from Class WS-III to 
WS-I. 

(d) The Schedule of Classifications and Water 
Quality Standards for the Cape Fear River Basin 
has been amended effective July 1, 1988 by the 
reclassification of Crane Creek (Crains Creek) 
[Index No. 1 8-23- 16-( 1 )] from source to mouth of 
Beaver Creek including all tributaries from C to 
WS-III. 

(e) The Schedule of Classifications and Water 
Quality Standards for the Cape Fear River Basin 
has been amended effective January 1, 1990 as 



1861 



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January 3, 1994 



PROPOSED RULES 



follows: 

(1) Intracoastal Waterway (Index No. 
18-87) from southern edge of White 
Oak River Basin to western end of 
Permuda Island (a line from Morris 
Landing to Atlantic Ocean), from the 
eastern mouth of Old Topsail Creek to 
the southwestern shore of Howe Creek 
and from the southwest mouth of Shinn 
Creek to channel marker No. 153 
including all tributaries except the King 
Creek Restricted Area, Hardison Creek, 
Old Topsail Creek, Mill Creek, Futch 
Creek and Pages Creek were 
reclassified from Class SA to Class SA 
ORW. 

(2) Topsail Sound and Middle Sound ORW 
Area which includes all waters between 
the Barrier Islands and the Intracoastal 
Waterway located between a line 
running from the western most shore of 
Mason Inlet to the southwestern shore 
of Howe Creek and a line running from 
the western shore of New Topsail Inlet 
to the eastern mouth of Old Topsail 
Creek was reclassified from Class SA 
to Class SA ORW. 

(3) Masonboro Sound ORW Area which 
includes all waters between the Barrier 
Islands and the mainland from a line 
running from the southwest mouth of 
Shinn Creek at the Intracoastal 
Waterway to the southern shore of 
Masonboro Inlet and a line running 
from the Intracoastal Waterway 
Channel marker No. 153 to the 
southside of the Carolina Beach Inlet 
was reclassified from Class SA to Class 
SA ORW. 

(f) The Schedule of Classifications and Water 
Quality Standards for the Cape Fear River Basin 
has been amended effective January 1, 1990 as 
follows: Big Alamance Creek [Index No. 
16-19-(1)] from source to Lake Mackintosh Dam 
including all tributaries has been reclassified from 
Class WS-III NSW to Class WS-II NSW. 

(g) The Schedule of Classifications and Water 
Quality Standards for the Cape Fear River Basin 
was amended effective August 3, 1992 with the 
reclassification of all water supply waters (waters 
with a primary classification of WS-I, WS-II or 
WS-III). These waters were reclassified to WS-I, 
WS-II, WS-III, WS-IV or WS-V as defined in the 
revised water supply protection rules, (15A NCAC 
2B .0100, .0200 and .0300) which became 



effective on August 3, 1992. In some cases, 
streams with primary classifications other than WS 
were reclassified to a WS classification due to their 
proximity and linkage to water supply waters. In 
other cases, waters were reclassified from a WS 
classification to an alternate appropriate primary 
classification after being identified as downstream 
of a water supply intake or identified as not being 
used for water supply purposes. 

(h) The Schedule of Classifications and Water 
Quality Standards for the Cape Fear River Basin 
was amended effective July L 1994 with the 



reclassification of the Deep River flndex No. 17- 
(36.5)1 from the Town of Gulf-Goldston water 
supply intake to US highway 421 including 
associated tributaries from Class C to Classes C^ 
WS-IV and WS-IV CA. 

Statutory Authority G.S. 143-214.1; 143-215.1; 
143-21 5. 3(a)(1). 

iSotice is hereby given in accordance with G.S. 
150B-21.2 that the EHNR - Coastal Management 
intends to adopt rules cited as 15A NCAC 7H 
.2101 - .2105; amend rules 7H .0104, .0304, 
.1104, .1204, .1304, .1404, .1504, .1604, .1704, 
. 1804 and . 1904 . 

1 he proposed effective date of this action is June 
1, 1994. 

1 he public hearing will be conducted at 4:00 
p.m. on January 27, 1994 at the Sheraton Resort 
Hotel, Salter Path Road, Atlantic Beach, North 
Carolina. 

MXeason for Proposed Action: 
15A NCAC 7H . 0104 - To make exceptions to the 
new Erosion Rates for dex'elopment that has been 
planned on existing lots. 

15A NCAC 7H .0304 - To incorporate recent 
updated rates of shoreline change into CAMA for 
use in delineating the Ocean Hazard Area of 
Environmental Concern and for determining 
setbacks for oceanfront development. 
15A NCAC 7H.1104, .1204, .1304, .1404, .1504, 
.1604, .1704, .1804 and .1904 - To clarify and 
create a consistent use of terminology within the 
stated management objectives for general condi- 
tions of various general permits. 



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1862 



PROPOSED RULES 



15A NCAC 7H .2101 - .2105 - Vie adoption of 
these Rules would create a new CAMA General 
Permit which would authorize free-standing, 
wooden breakwaters in conjunction with existing or 
created coastal wetlands within estuarine waters 
and public trust areas of environmental concern. 

Lsomment Procedures: All persons interested 
these matters are invited to attend the public 
hearing. Vie Coastal Resources Commission will 
receive mailed written comments postmarked no 
later than February 2, 1994. Any person desiring 
to present lengthy comments is requested to submit 
a written statement for inclusion in the record of 
proceedings at the public hearings. Additional 
information concerning the hearing or the propos- 
als may be obtained by contacting Dedra 
Blackwell, Division of Coastal Management. PO 
Box 27687, Raleigh, NC 27611-7687, (919) 733- 
2293. 

CHAPTER 7 - COASTAL MANAGEMENT 

SUBCHAPTER 7H - STATE GUIDELINES 

FOR AREA OF ENVIRONMENTAL 

CONCERN 

SECTION .0100 - INTRODUCTION 
AND GENERAL COMMENTS 

.0104 DEVELOPMENT INITIATED PRIOR 
TO EFFECTIVE DATE OF 
REVISIONS 

Development on lots created after the date of 
adoption of the current erosion rates (January 28. 
1994) must comply fully with those rates. 
Development on lots created, or, within projects 
which have received all required final or 
preliminary local approvals or a CAMA major 
development permit between June J^ 1979 and 
January 28. 1994 must comply with the current 
rates to the maximum extent feasible and have a 
minimum setback equal to the rates in effect at the 
time the lots were created, or, those rates in effect 
at the time of issuance of any active CAMA permit 
for development on those lots. Development on 
lots created prior to June J^ 1979 shall comply 
with the provisions of J5A NCAC 7H .0309 fb) 
and (c). 

(a) The — following — Rul es — s hall — be — ased — to 

d e t e rmin e wh e th e r th e r e visions to guidelin e s for 
developm e nt in ar e as — of environm e ntal conc e rn 
(hereinafter — r e f e rr e d — to — as — r e visions), — with — an 
effectiv e dat e of June 1, 1979, shall apply to a 



propo s ed development. 

fB In the case of a development for which 

a CAMA permit was required prior to 
June 1, 1979. the revisions shall not be 
applicable if a complete and sufficient 
application for a CAMA permit was 
filed and accepted before June 1, 1979. 
However if the application should lapse 
or be denied, thereby requiring a new 
application after June 1, 1979, or if the 
application is modified or renewed after 
June 1, — 1979, the revisions shall be 
made applicable. 

{3} In the case of a development for which 

no CAMA permit was required prior to 
July 15, 1979, the revision s shall not be 
applicable if all legally required permits 
have been applied for and accepted in 
accordance with the applicable rules of 
the agency responsible for the permit. 
However, — i# — the — application — should 
lapse or be denied, thereby requiring a 
new application after July 15, 1979, or 
tf- — the — application — is — modified — of 
renewed — after July — \S-, — W79i — the 
revisions shall be applicable. 

0) In those cases where a CAMA major 

permit was issued before June 1, 1979, 
fef — a — major — development — which 
included platted lots, the new standard s 
shall apply to such platted lots only to 
the maximum extent possible without 
effectively prohibiting the intended use 
of tho s e lots. In order for this Rule to 
apply, the following condition s must be 

fA} — the — let — &n — which — the — proposed 
development i s to be located shall 
have been accurately shown on the 
major development permit application 
and — the boundaries — must — net — have 
been significantly altered. 

(B) — the — tot — en — which — the — proposed 
development i s to be located shall 
have been suitable for the intended 
use according to the AEC guidelines 
in effect at the time the major permit 
was issued. 

(€-} — a minor development permit must be 
applied for and received according to 
the — normal — minor — permit — proce ss 
before development can begin. 

f©) — this — Ru4e — shall — apply — only — to 
development — fef — which — a — permit 
application — is — s ubmitted — prior — to 



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PROPOSED RULES 



expiration of the major development 
pe rniit issued before June 1, 1979. 

f4) In those caoco — where any — necessary 

local — approval — was — issued — fef — a 
proposed subdivision development prior 
to July — ]-&-, — 1979, — the — Divi s ion — ©f 

Coastal Management advised — the 

developer in writing where to locate the 
ocean — setback — line for the proposed 

subdivision, and this proposed 

subdivision development was recorded 
in the county registry prior to July 15, 

1979, with the ocean setback 

determined by the Division of Coastal 

Management, my new standards 

regarding — oceanfront — s etbacks — shall 

apply to the platted — lots within the 

proposed — subdivision — only to — the 

maximum — extent — possible — without 

effectively prohibiting the intended use 

of those lots, — In order for thi s Rule to 

apply, the following conditions must be 

mctr 

fA) — the — lot(s) — ©a — which — the — proposed 

development — is to — be located — shall 

have been accurately shown on an 

approved local plat and the boundaries 

must — net — have — been — significantly 

altered; 

fB) — the — lot(s) — ©fl — which — the — proposed 

development — is to — be located — shall 

have been suitable for the intended 

use according to the AEC guidelines 

in effect at the time the plat was 

approved; and 

fG) — a minor development pcrmit( s ) mu s t 

be applied for and received according 

to the normal minor permit process 

before development can begin. 

{©) The — oceanfront — setback — provisions 

s pecifically applicable to large structures, as set 
forth by Rule .0306(a)( 4 ) of thi s Subchapter, s hall 
apply only to development applications received on 

©f — aftef — November — h — 1983. Further, — Rfee 

.0306(a)( 4 ) of this Subchapter shall only apply to 
the maximum extent pos s ible without effectively 
prohibiting the intended use of the property in the 
following s ituations: 

ft) the — completion — of projects — that — had 

received valid CAMA permits prior to 
November — h — 1983, — provided — that 
permit — renewals, — modification — and 
tran s fer — requests — for — these — projects 
made pursuant to 15A NCAC 7J .0 4 4 , 
.0 4 05 and .0 4 06 and 15A NCAC 7E 



.0105 shall be considered under the 
s etback rule s applicable at the time of 
original — permit — issuance, — and — ne 
renewals or exten s ions of pre existing 
permits — shall — be — made — beyond — the 
expiration period unle s s either there has 

been substantial progress &n 

construction or no material change in 
the physical conditions at the project 
site (as is provided by 15A NCAC 7J 
.0 4 03); and 

f2) the completion of projects that were 

outside of CAMA permit juri s diction 
prior to November 1, 1983, provided 
that all other r e quired state and local 
permits — had — been — applied — for — m 
accordance — wife — the — rules — ©f- — the 
agencie s re s ponsible for such permits 
and that the developer has materially 
changed his or her po s ition in good 
fetth — reliance — ©b — sueh — development 

approval s . tn — aH — instances, — sueh 

development must be consistent with all 
other provisions of this Subchapter, 
(c) In the case of subdivisions or project s which 
have — received — either — aH — required — feral — ©f 
preliminary local approvals or a CAMA major 
development permit prior to May 27, 1988, and 
have therein met all applicable CAMA setback 
requirements as of May 27, 1988, the updated 
oceanfront — erosion — rat es — approved — by — the 
Commission on July 29, 1988, and effective on 
November — h — 1988, — shaH — ©ffey — apply — te — fee 
maximum extent feasible. — For the s e previously 
approved — lets — and — projects, — fee — erosion — rate 
existing as of May 27, 1988, shall be applied in 
determining — minimum — oceanfront — setbacks — fef 
purposes of subsequent approved con s truction o f 
development prior to the next erosion rate updatc r 

Statutory Authority G.S. 113A-107; 113A-113; 
U3A-124. 

SECTION .0300 - OCEAN HAZARD 
AREAS 

NOTE TO RULE .0304: The Coastal Resources 
Commission will consider the text shown in Bold 
type for adoption at the January meeting. 
Public hearings were held during the months of 
November and December in the eight coastal 
counties where the proposed rate changes will 
occur. The proposed effective date is April 1, 
1994. Notice on these changes was published in 
the Register on November 1, 1993, (8:15 NCR 



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PROPOSED RULES 



1405-1409). 

.0304 AECs WITHIN OCEAN HAZARD 
AREAS 

The ocean hazard system of AECs contains all of 
the following areas: 

(1) Ocean Erodible Area. This is the area in 
which there exists a substantial possibility 
of excessive erosion and significant 
shoreline fluctuation. The seaward 
boundary of this area is the mean low 
water line. The landward extent of this 
area is determined as follows: 

(a) a distance landward from the first line 
of stable natural vegetation to the 
recession line that would be established 
by multiplying the long-term annual 
erosion rate times 60, provided that, 
where there has been no long-term 
erosion or the rate is less than two feet 
per year, this distance shall be set at 
120 feet landward from the first line of 
stable natural vegetation. For the 
purposes of this Rule, the erosion rates 
shall be those set forth in table s maps 
entitled "Long Term Annual Ero s ion 
Shoreline Change Rates updated 
through i9S€ 1992 " and approved by 
the Coastal Resources Commission on 
July 29, 19 88 January 28^ 1994 
(except as such rates may be varied in 
individual contested cases, declaratory 
or interpretive rulings). The table s 
maps are available without cost from 
any local permit officer or the Division 
of Coastal Management; and 

(b) a distance landward from the recession 
line established in Sub-Item (l)(a) of 
this Rule to the recession line that 
would be generated by a storm having 
a one percent chance of being equalled 
or exceeded in any given year. 

(c) Development other than single family 
residential on lots existing as of June L, 
1979 shall meet setback requirements 
current at the time of permit decision. 

(2) The High Hazard Flood Area. This is 
the area subject to high velocity waters 
(including, but not limited to, hurricane 
wave wash) in a storm having a one 
percent chance of being equalled or 
exceeded in any given year, as identified 
as zone VI -30 on the flood insurance rate 
maps of the Federal Insurance 
Administration, U.S. Department of 



Housing and Urban Development. In the 
absence of these rate maps, other 
available base flood elevation data 
prepared by a federal, state, or other 
source may be used, provided said data 
source is approved by the CRC. 

(3) Inlet Hazard Area. The inlet hazard 
areas are natural-hazard areas that are 
especially vulnerable to erosion, flooding 
and other adverse effects of sand, wind, 
and water because of their proximity to 
dynamic ocean inlets. This area shall 
extend landward from the mean low 
water line a distance sufficient to 
encompass that area within which the 
inlet will, based on statistical analysis, 
migrate, and shall consider such factors 
as previous inlet territory, structurally 
weak areas near the inlet (such as an 
unusually narrow barrier island, an 
unusually long channel feeding the inlet, 
or an overwash area), and external 
influences such as jetties and 
channelization. The areas identified as 
suggested Inlet Hazard Areas included in 
the report entitled INLET HAZARD 
AREAS, The Final Report and 
Recommendations to the Coastal 
Resources Commission, 1978, by Loie J. 
Priddy and Rick Carraway are hereby 
designated as Inlet Hazard Areas except 
that the Cape Fear Inlet Hazard as shown 
on said map shall not extend northeast of 
the Baldhead Island marina entrance 
channel. In all cases, this area shall be 
an extension of the adjacent ocean 
erodible area and in no case shall the 
width of the inlet hazard area be less than 
the width of the adjacent ocean erodible 
area. 

(4) Unvegetated Beach Area. This is a 
dynamic area that is subject to rapid 
unpredictable landform change from wind 
and wave action. The areas in this 
category shall be designated following 
detailed studies by the Coastal Resources 
Commission. These areas shall be 
designated on maps approved by the 
Commission and available without cost 
from any local permit officer or the 
Division of Coastal Management. 



Statutory Authority 
113A-124. 



G.S 113A-W7; II3A-113; 



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PROPOSED RULES 



SECTION .1100 - GENERAL PERMIT 

FOR CONSTRUCTION OF BULKHEADS 

AND THE PLACEMENT OF RIPRAP FOR 

SHORELINE PROTECTION ESf 

ESTUARINE AND PUBLIC 

TRUST WATERS 

.1104 GENERAL CONDITIONS 

(a) This permit authorizes only the construction 
of bulkheads and the placement of riprap 
conforming to the standards herein. 

(b) Individuals shall allow authorized 
representatives of the Department of Environment, 
Health, and Natural Resources to make periodic 
inspections at any time deemed necessary in order 
to be sure that the activity being performed under 
authority of this general permit is in accordance 
with the terms and conditions prescribed herein. 

(c) There shall be no significant interference 
with navigation or use of the waters by the public 
by the existence of the bulkhead or the riprap 
authorized herein. 

(d) This general permit may be cither modified, 
suspended or revoked in whole or in part if the 
Department determines that such action would be 
in the best public interest. This general permit will 
not be applicable to proposed construction where 
the Department determines that authorization may 
be warranted, but that the proposed activity might 
significantly — affect — the — quality — of the — human 
environment, or unnece s sarily endanger adjoining 
properties. 

{e)(d) This general permit will not be applicable 
to proposed construction when the Department 
determines after any necessary investigations, that 
the proposed activity would adversely affect areas 
which possess historic, cultural, scenic, 
conservation, or recreational values. 

ff-)(e) The Department may, on a case-by-case 
basis, determine that the general permit shall not 
be applicable to a specific construction proposal. 
This general permit will not be applicable to 
proposed construction where the Department 
determines that the proposed activity might 
significantly affect the quality of the human 
environment, or unnecessarily endanger adjoining 
properties. In those cases, individual permit 
applications and review of the proposed project 
will be required according to 15A NCAC 7J. 

fg-Hf) This permit does not eliminate the need to 
obtain any other required state, local, or federal 
authorization. 

fh-Hg) Development carried out under this permit 
must be consistent with all local requirements, 
AEC Guidelines, and local land use plans current 



at the time of authorization. 

Statutory Authority G.S. 113A-W7(a); 113A- 
107(b); 113A-1 13(b); 113A-118.1; 113A-124. 

SECTION .1200 - GENERAL PERMIT FOR 

CONSTRUCTION OF PIERS: DOCKS: 

AND BOAT HOUSES IN ESTUARINE 

AND PUBLIC TRUST WATERS 

.1204 GENERAL CONDITIONS 

(a) Structures authorized by this permit shall be 
non-commercial structures conforming to the stan- 
dards herein. 

(b) Individuals shall allow authorized 
representatives of the Department of Environment, 
Health, and Natural Resources to make periodic 
inspections at any time deemed necessary in order 
to be sure that the activity being performed under 
the authority of this general permit is in 
accordance with the terms and conditions 
prescribed herein. 

(c) There shall be no unreasonable interference 
with navigation or use of the waters by the public 
by the existence of piers, docks and boat houses. 

(d) This general permit may be cither modified, 
su s pended — ©f — revoked — m — whole — ef — m — part 
according to the provisions of G.S. — 1 13A 107 if 
the Department determine s that such action would 
be in the best public interest. This general permit 
will not be applicable to proposed construction 
where the Department believes that authorization 
may be warranted, but that the proposed activity 
might significantly affect the quality of the human 
environment, or unnece s sarily endanger adjoining 
properties. 

fe-Hd) This general permit will not be applicable 
to proposed construction when the Department 
determines, after any necessary investigations, that 
the proposed activity would adversely affect areas 
which possess historic, cultural, scenic, 
conservation or recreational values. 

ffl(e) The Department may, on a case-by-case 
basis, determine that the general permit shall not 
be applicable to a specific construction proposal. 
This general permit will not be applicable to 
proposed construction where the Department 
believes that the proposed activity might 
significantly affect the quality of the human 
environment, or unnecessarily endanger adjoining 
properties. In those cases, individual permit 
applications and review of the proposed project 
will be required according to 15A NCAC 7J. 

fg-Hf) This permit does not eliminate the need to 
obtain any other required state, local, or federal 



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1866 



PROPOSED RULES 



authorization. 

fh->(g) Development carried out under this permit 
must be consistent with all local requirements. 
AEC Guidelines, and local land use plans current 
at the time of authorization. 

Statutory Authority G.S. 113A-1 07(a); 113A- 
107(b); 11 3A-1 13(b); 113A-118.1; 113A-124. 

SECTION .1300 - GENERAL PERMIT 

TO MAINTAIN: REPAIR AND 

CONSTRUCT BOAT RAMPS ALONG 

ESTUARLNE SHORELLNES AND 

INTO ESTUARLNE AND PUBLIC 

TRUST WATERS 

.1304 GENERAL CONDITIONS 

(a) Structures authorized by this permit shall be 
non-commercial boat ramps constructed of accept- 
able material and conforming to the standards 
herein. 

(b) Individuals shall allow authorized 
representatives of the Department of Environment. 
Health, and Natural Resources to make periodic 
inspections at any time deemed necessary in order 
to be sure that the activity being performed under 
authority of this general permit is in accordance 
with the terms and conditions prescribed herein. 

(c) There shall be no unreasonable interference 
with navigation or public use of the waters during 
or after construction. 

(d) This general permit may be cither modified, 
suspended — &f — revoked — m — whol e — er — m — part 
according to the provisions of G.S. — 1 13A 107 if 
the Department determines that such action would 
be in the best public interest. This general permit 
will not be applicable to propo s ed con s truction 
where the Department believes that authorization 
may be warranted, but that the proposed activity 
might significantly affect the quality of the human 
environment, or unnece s sarily endanger adjoining 
properties. 

fe)(d) This general permit will not be applicable 
to proposed construction when the Department 
determines, after any necessary investigations, that 
the proposed activity would adversely affect areas 
which possess historic, cultural, scenic, 
conservation or recreational values. 

ff-)(e) The Department may, on a case-by-case 
basis, determine that the general permit shall not 
be applicable to a specific construction proposal. 
This general permit will not be applicable to 
proposed construction where the Department 
believes that the proposed activity might 
significantly affect the quality of the human 



environment, or unnecessarily endanger adjoining 
properties. In those cases, individual permit 
applications and review of the proposed project 
will be required according to 15A NCAC 7J. 

fg){fj This permit does not eliminate the need to 
obtain any other required state, local, or federal 
authorization. 

^hjigj Development carried out under this permit 
must be consistent with all local requirements, 
AEC guidelines, and local land use plans current 
at the time of authorization. 

Statutory Authority G.S. 113A-107(a); 113A- 
107(b); 113A-113(b); 113A-U8.1; 113A-124. 

SECTION .1400 - GENERAL PERMIT FOR 

CONSTRUCTION OF WOODEN GROLNS 

IN ESTUARLNE AND PUBLIC 

TRUST WATERS 

.1404 GENERAL CONDITIONS 

(a) Structures authorized by this permit shall be 
simple, wooden groins conforming to the standards 
herein. 

(b) Individuals shall allow authorized 
representatives of the Department of Environment, 
Health, and Natural Resources to make periodic 
inspections at any time deemed necessary in order 
to be sure that the activity being performed under 
authority of this general permit is in accordance 
with the terms and conditions prescribed herein. 

(c) There shall be no significant interference 
with navigation or use of the waters by the public 
by the existence of wooden groins authorized 
herein. 

(d) This general permit may be either modified, 
s u s pended — er — revoked — m — whole — ef — m — pert 
according to the provisions of G.S. — 1 13A 107 if 
the Department determine s that s uch action would 
be in the best public interest. — This general permit 
will not be applicable to proposed construction 
where the Department believes that authorization 
may be warranted, but that the proposed activity 
might significantly affect the quality of the human 
environment, or unneces s arily endanger adjoining 
properties. 

fe)(d) This general permit will not be applicable 
to proposed construction when the Department 
determines, after any necessary investigation, that 
the proposed activity would adversely affect areas 
which possess historic, cultural, scenic, 
conservation or recreational values. 

ffi(e) The Department may, on a case-by-case 
basis, determine that the general permit shall not 
be applicable to a specific construction proposal. 



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PROPOSED RULES 



This general permit will not be applicable to 
proposed construction where the Department 
believes that the proposed activity might 
significantly affect the quality of the human 
environment, or unnecessarily endanger adjoining 
properties. In those cases, individual permit 
applications and review of the proposed project 
will be required according to Subchapter IS. 

fg)(f) This permit does not eliminate the need to 
obtain any other required state, local, or federal 
authorization. 

th4(g) Development carried out under this permit 
must be consistent with all local requirements, 
AEC Guidelines, and local land use plans current 
at the time of authorization. 

Statutory Authority G.S. 113A- 107(a); 113A- 
107(b); 11 3A-U 3(b); 113A-118.1; 113A-124. 

SECTION .1500 - GENERAL PERMIT FOR 

EXCAVATION WITHIN OR CONNECTING 

TO EXISTING CANALS: CHANNELS: 

BASINS: OR DITCHES IN ESTUARINE 

WATERS: PUBLIC TRUST WATERS: 
AND ESTUARINE SHORELINE AEC'S 

.1504 GENERAL CONDITIONS 

(a) Individuals shall allow authorized 
representatives of the Department of Environment, 
Health, and Natural Resources to make periodic 
inspections at any time necessary to ensure that the 
activity being performed under authority of this 
general permit is in accordance with the terms and 
conditions prescribed herein. 

(b) Thi s general permit may either be modifi e d, 
s uspended, — er — revoked — m — whole — er — in part 
according to the provisions of G.S. — 1 13A 107 if 
the Department determines that such action wou l d 
be in the best public interest. — This general permit 
wtH — not be applicable to propo s ed excavation 
wher e — the — Department — determines — that — the 
proposed — activity — may — significantly — affect — the 
quality — ©f- — the — environment — ef — unnece ss arily 
endanger adjoining properties. 

je}(b) This general permit will not be applicable 
to proposed excavation when the Department 
determines that the proposed activity would 
adversely affect areas which possess historic, 
cultural, scenic, conservation or recreational 
values. 

j4)(c) This general permit will not be applicable 
to proposed maintenance excavation when the 
Department determines that the proposed activity 
will adversely affect adjacent property. 

(e-)(d) The Department may determine in some 



cases that this general permit is not applicable to 
a specific excavation proposal. This general permit 
will not be applicable to proposed excavation 
where the Department determines that the 
proposed activity might significantly affect the 
quality of the environment or unnecessarily 
endanger adjoining properties. In such cases an 
individual permit application and review of the 
proposed project may be initiated using the 
applications forms, fees and procedures required 
by 15A NCAC 7J. 

ff-He) This general permit authorizes 

maintenance excavation in canals, channels, basins 
and ditches within primary nursery areas as 
designated by the Division of Marine Fisheries 
except as proscribed by other provisions of this 
permit. Individual project requests will be 
evaluated on a case-by-case basis and coordinated 
with appropriate Division of Marine Fisheries 
personnel. Individual projects will not be allowed 
during periods of highest biological productivity. 

(£-)(f) New basins within or with connections to 
primary nursery areas are not allowed. 

fh-)(g) No new basins will be allowed that result 
in closure of shellfish waters according to the 
closure policy of the Division of Environmental 
Health. 

(t)(h) This permit does not eliminate the need to 
obtain any other required state, local, or federal 
authorization, nor, to abide by regulations adopted 
by any federal or other state agency. 

tfHi) Development carried out under this permit 
must be consistent with all local requirements, 
AEC guidelines, and local Land Use Plans current 
at the time of authorization. 

Statutory Authority G.S. 1 13A- 107(a), (b); 113A- 
113(b); 113A-118.1; U3-229(cl). 

SECTION .1600 - GENERAL PERMIT FOR 

THE INSTALLATION OF AERIAL AND 

SUBAQUEOUS UTILITY LINES WITH 

ATTENDANT STRUCTURES IN 

COASTAL WETLANDS: ESTUARINE 

WATERS: PUBLIC TRUST WATERS 

AND ESTUARINE SHORELINES 

.1604 GENERAL CONDITIONS 

(a) Utility lines for the purpose of this general 
permit or any pipes or pipelines for the 
transportation of potable water, and any cable, 
line, or wire for the transmission, for any purpose, 
of electrical energy, telephone and telegraph 
messages, and radio and television communication. 

(b) There must be no resultant change in precon- 



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1868 



PROPOSED RULES 



struction bottom contours. Authorized fill includes 
only that necessary to backfill or bed the utility 
line. Any excess material must be removed to an 
upland disposal area, (c) The utility line crossing 
will not adversely affect a public water supply 
intake. 

(d) The utility line route or construction method 
will not disrupt the movement of those species of 
aquatic life indigenous to the waterbody. 

(e) Individuals shall allow authorized representa- 
tives of the Department of Environment, Health, 
and Natural Resources to make periodic inspec- 
tions at any time necessary to ensure that the 
activity being performed under authority of this 
general permit is in accordance with the terms and 
conditions prescribed herein. 

vf) — This general permit may either be amended 
or repealed in whole or in part according to th e 
provisions of G.S. 113A 107 if the Commission 
determines that such action would be in the be s t 
public interest. 

(g) This general permit will not be applicabl e to 
proposed excavation where the Department deter 
mines that the proposed activity may significantly 
affect the quality of the environment or unncccs 
sarily endanger adjoining properties. 

fh-)(f) This general permit will not be applicable 
to proposed excavation when the Department 
determines that the proposed activity would ad- 
versely affect areas which possess historic, cultur- 
al, scenic, conservation or recreational values. 

ft)(g) The Department may determine in some 
cases that this general permit is not applicable to 
a specific installation proposal. This general permit 
will not be applicable to proposed installation 
where the Department determines that the pro- 
posed activity might significantly affect the quality 
of the environment or unnecessarily endanger 
adjoining properties. In such cases an individual 
permit application and review of the proposed 
project may be initiated using the application 
forms, fees and procedures required by 15A 
NCAC 15. 

ftHh) This permit does not eliminate the need to 
obtain any other required state, local, or federal 
authorization, nor, to abide by regulations adopted 
by any federal or other state agency. 

^k){\} Development carried out under this permit 
must be consistent with all local requirements, 
AEC guidelines, and local Land Use Plans current 
at the time of authorization. 

Statutory Authority G.S. 113-229(cl); 113A- 
107(a)(b); 113A-1 13(b): U3A-118.1. 



SECTION .1700 - GENERAL PERMIT FOR 

EMERGENCY' WORK REQUIRING 

A CAMA AND/OR A DREDGE 

AND FILL PERMIT 

.1704 GENERAL CONDITIONS 

(a) Work permitted by means of an emergency 
permit shall be subject to the following limitations: 

(1) No work shall begin until an onsite 
meeting is held with the applicant and 
appropriate Division of Coastal Man- 
agement representative so that the 
proposed emergency work can be ap- 
propriately marked. Written authoriza- 
tion to proceed with the proposed de- 
velopment can be issued during this 
visit. 

(2) No work shall be permitted other than 
that which is necessary to reasonably 
protect against or reduce the imminent 
danger caused by the emergency to 
restore the damaged property to its 
condition immediately before the emer- 
gency, or to re-establish necessary 
public facilities or transportation corri- 
dors. 

(3) Any permitted erosion control projects 
shall be located no more than 20 feet 
waterward of the endangered structure. 

(4) Fill materials used in conjunction with 
emergency work for storm or erosion 
control shall be obtained from an up- 
land source. Excavation below MHW in 
the Ocean Hazard AEC may be allowed 
to obtain material to fill sandbags used 
for emergency protection. 

(5) Structural work shall meet sound engi- 
neering practices. 

(6) This permit allows the use of ocean- 
front erosion control measures for all 
oceanfront properties without regard to 
the size of the existing structure on the 
property or the date of construction. 

(b) Individuals shall allow authorized representa- 
tives of the Department of Environment, Health, 
and Natural Resources to make inspections at any 
time deemed necessary to be sure that the activity 
being performed under authority of this general 
permit is in accordance with the terms and condi- 
tions prescribed herein. 

(c) There shall be no unreasonable interference 
with navigation or public use of the waters during 
or after construction. 

(d) This general permit may be either modified, 
suspended, or revoked in whole or in part accord 



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PROPOSED RULES 



t ng to the provision s of G.S. — 1 13A 107 if the 
Department determines that such action would be 
in the best public interest. This general permit will 
not be applicable to proposed construction where 
the Department believes that authorization may be 
warranted, but that the proposed activity might 
significantly affect the quality of the human envi 
ronment, — ef — unnecessarily — endanger — adjoining 
properties. 

4e)(d) This general permit will not be applicable 
to proposed construction when the Department 
determines, after any necessary investigations, that 
the proposed activity would adversely affect areas 
which possess historic, cultural, scenic, conserva- 
tion, or recreational values. 

ff-He) The Department may, in a case-by-case 
basis, determine that the general permit shall not 
be applicable to a specific construction proposal. 
This general permit will not be applicable to 
proposed construction where the Department 
believes that the proposed activity might signif- 
icantly affect the quality of the human environ- 
ment, or unnecessarily endanger adjoining proper- 
ties. In those cases, individual permit applications 
and review of the proposed project will be re- 
quired according to 15A NCAC 7J. 

fg^(f) This permit does not eliminate the need to 
obtain any other state, local, or federal authoriza- 
tion. 

ffl-)(g) Development carried out under this permit 
must be consistent with all local requirements, 
CAMA rules, and local land use plans, storm 
hazard mitigation, and post-disaster recovery plans 
current at the time of authorization. 

Statutory Authority G.S. 113-229(cl); 113 A- 

107(a), (b); 113A-1 13(b); 113A-118.1. 

SECTION .1800 - GENERAL PERMIT TO 

ALLOW BEACH BULLDOZING 

LANDWARD OF THE MEAN HIGH 

WATER MARK IN THE OCEAN 

HAZARD AEC 

.1804 GENERAL CONDITIONS 

(a) Any future setback determinations which 
may be required shall be made using the first line 
of stable natural vegetation established prior to the 
bulldozing activity. 

(b) Individuals shall allow authorized 
representatives of the Department of Environment, 
Health, and Natural Resources to make periodic 
inspections at any time deemed necessary to ensure 
that the activity being performed under authority 
of this general permit is in accordance with the 



terms and conditions prescribed herein. 

(c) This general permit may be cither modified, 
suspended, or revoked in whole or in part if the 
Department determines that such action would be 
in the best public intere s t. This general permit will 
not be applicable to propo s ed construction where 
the Department believes that authorization may be 
warranted but that the proposed activity might 
significantly affect the quality of the human envi 
ronment — ©f — unnece ss arily — endanger — adjoining 
propertie s . 

fd^fc) This general permit will not be applicable 
to proposed construction when the Department 
determines after any necessary investigation that 
the proposed activity would adversely affect areas 
which possess historical, cultural, scenic, conser- 
vation or recreational values. If a shipwreck is 
unearthed, all work shall stop and both the Divi- 
sion of Archives and history and Coastal Manage- 
ment shall be contacted immediately. 

{e)(d) The Department may on a case by case 
basis determine that the general permit shall not be 
applicable to a specific construction proposal. This 
general permit will not be applicable to proposed 
construction where the Department believes that 
the proposed activity might significantly affect the 
quality of the human environment or unnecessarily 
endanger adjoining properties. In those cases, 
individual permit application and review of the 
proposed project will be required according to 15A 
NCAC 7HJ. 

ff-)(e) This general permit does not convey any 
rights, either in real estate or material and does not 
authorize any injury to property or invasion of 
rights of others. 

fg-)(f) This permit does not eliminate the need to 
obtain any other required state, local or federal au- 
thorization. 

fh-Mg) Development carried out under this permit 
must be consistent with all local requirements, 
AEC guidelines, and local Land Use Plans current 
at the time of authorization. 

Statutory Authority G.S. 113-229(cl); 113A- 
107(a)(b); 113A-1 13(b); 113A-118.1. 

SECTION .1900 - GENERAL PERMIT TO 

ALLOW FOR TEMPORARY STRUCTURES 

WITHIN ESTUARINE AND OCEAN 

HAZARD AECS 

.1904 GENERAL CONDITIONS 

(a) Temporary structures for the purpose of this 
general permit are those which are constructed 
within the ocean hazard or estuarine system AECs 



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1870 



PROPOSED RULES 



and because of dimensions or functions do not 
meet the criteria of the existing general permits 
(i.e. are not a bulkhead, pier, rip-rap, groin, etc.). 

(b) There shall be no encroachment oceanward 
of the first line of stable vegetation within the 
ocean hazard AEC except for the placement of 
auxiliary structures such as signs, fences, posts, 
pilings, etc. 

(c) There shall be no fill activity below the 
plane of mean high water associated with the 
structure. 

(d) The structure shall not be located in such a 
manner that will directly or indirectly adversely 
impact coastal wetlands. 

(e) The structure shall not disrupt the movement 
of those species of aquatic life indigenous to the 
waterbody. 

(f) Individuals shall allow authorized representa- 
tives of the Department of Environment, Health, 
and Natural Resources to make periodic inspec- 
tions at any time necessary to ensure that the 
activity being performed under authority of this 
general permit is in accordance with the terms and 
conditions prescribed herein. 

fg-) — This general permit may either be amended 
or repealed in whole or in part according to the 
provisions of G.S. 1 1 3 A 107 if the Commission 
determines that such action would be in the best 
public interest. 

(h) This general permit will not be applicable to 
proposed structures when the Department deter 
mines that the proposed activity may significantly 
affect the quality of the environment or unncccs 
sarily endanger adjoining properties. 

fi-Kg) This general permit will not be applicable 
to proposed structures when the Department 
determines that the proposed activity would ad- 
versely affect areas which possess historic, cultur- 
al, scenic, conversation or recreational values. 

fH(h) The Department may determine in some 
cases that this general permit is not applicable to 
a specific structural proposal. This general permit 
will not be applicable when the Department deter- 
mines that the proposed activity might significantly 
affect the quality of the environment or unneces- 
sarily endanger adjoining properties. In such cases 
an individual permit application and review of the 
proposed project may be initiated using the appli- 
cation forms, fees, and procedures required by 
15A NCAC 7J. 

{k-)(i) This permit does not eliminate the need to 
obtain any other state, local or federal authoriza- 
tion, nor, to abide by regulations adopted by any 
federal, state, or local agency. 

{t)ij) Development carried out under this permit 



must be consistent with all local requirements, and 
local land use plans current at the time of authori- 
zation. 

Statutory Authority G.S. 113-229(cl); 113A- 
107(a)(b); 113A-1 13(b); 113A-118.1. 

SECTION .2100 - GENERAL PERMIT FOR 

CONSTRUCTION OF MARSH 

ENHANCEMENT BREAKWATERS FOR 

SHORELLNE PROTECTION IN 

ESTUARINE 
AND PUBLIC TRUST WATERS 



.2101 PURPOSE 

This permit will 



allow the construction of 



offshore parallel breakwaters, made from wood, 
plastic lumber, or metal sheet piling for shoreline 
protection in conjunction with existing or created 
coastal wetlands. This permit will only be 
applicable where a shoreline is experiencing 
erosion in public trust areas and estuarine waters 
according to authority provided m 15A NCAC 7J 
.1 100 and according to the following guidelines. 
This permit will not apply within the ocean hazard 
AEC, the inlet hazard AEC, or waters adjacent to 
these AEC's. 

Statutory Authority G.S. 113A-107; 113A-118.1. 

.2102 APPROVAL PROCEDURES 

(a) The applicant must contact the Division of 
Coastal Management and complete an application 
form requesting approval for development. The 
applicant shall provide information on site 
location, dimensions of the project area, and his 
name and address. 

(b) The applicant must provide: 

(1) confirmation that a written statement 
has been obtained signed by the 
adjacent riparian property owners 
indicating that they have no objections 
to the proposed work; or 

(2) confirmation that the adjacent riparian 
property owners have been notified by 
certified mail of the proposed work. 
Such notice should instruct adjacent 
property owners to provide any 
comments on the proposed development 
in writing for consideration by 
permitting officials to the Division of 
Coastal Management within 10 days of 
receipt of the notice, and, indicate that 
no response will be interpreted as no 
objection. PCM staff will review all 



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PROPOSED RULES 



comments and determine, based on 
their relevance to the potential impacts 
of the proposed project, if the proposed 
project can be approved by a General 
Permit. If PCM staff finds that the 



according to 15A NCAC 7J. This general permit 
will not be applicable to proposed construction 
where the Department determines that 
authorization may be warranted, but that the 
proposed activity might significantly affect the 
quality of the human environment, or 



unnecessarily endanger adjoining properties. 

(f) This permit does not eliminate the need to 
obtain any other required state, local, or federal 
authorization. 



Ill 
must 



Development carried out under this permit 
be consistent with all local requirements. 



comments are worthy of more in-depth 

review, the applicant will be notified 

that he must submit an application for a 

major development permit, 
(c) No work shall begin until an on-site meeting 
is held with the applicant and appropriate Division 
of Coastal Management representative so that the 
proposed breakwater alignment can be 
appropriately marked. Written authorization to 
proceed with the proposed development may be 

issued during this visit. Construction of the Statutory Authority G.S. 1 13A-107; 113A-118.1 

breakwater must begin within 90 days of this visit 
or the general authorization expires and it will be 
necessary to re-examine the alignment to determine 
if the general authorization can be reissued. 



AEC Guidelines, and local land use plans current 
at the time of authorization. 



Statutory Authority G.S. 113A-107; 113A-118.1. 

.2103 PERMIT FEE 

The applicant must pay a permit fee of fifty 
dollars ($50.00) by check or money order payable 
to the Department. 

Statutory Authority G.S. 113A-107; 113A-118.1. 

.2104 GENERAL CONDITIONS 

(a) This permit authorizes only the construction 
of breakwaters conforming to the standards herein. 

(b) Individuals shall allow authorized 
representatives of the Department of Environment, 
Health, and Natural Resources to make periodic 
inspections at any time deemed necessary in order 
to be sure that the activity being performed under 
authority of this general permit is in accordance 
with the terms and conditions prescribed herein. 

(c) There shall be no significant interference 
with navigation or use of the waters by the public 
by the existence of the breakwater authorized 
herein. 

(d) This general permit will not be applicable to 
proposed construction when the Department deter- 
mines after any necessary investigations, that the 
proposed activity would adversely affect areas 
which possess historic, cultural, scenic, 
conservation, or recreational values. 



(e) The Department may, on a case-by-case 
basis, determine that the general permit shall not 
be applicable to a specific construction proposal. 
In those cases, individual permit applications and 
review of the proposed project will be required 



.2105 SPECIFIC CONDITIONS 

(a) The breakwater shall be positioned no more 
than 20 feet waterward of the mean high water or 
normal water level contour (whichever is 
applicable) or 20 feet waterward of the waterward 
edge of existing emergent wetlands at any point 
along its alignment. For narrow waterbodies 
(canals, creeks, etc.) the breakwater alignment 
shall not be positioned offshore more than one 
sixth (1/6) the width of the waterbody. 

(b) Breakwaters authorized under this General 
Permit shall be allowed only in waters that average 
less than three feet in depth along the proposed 
alignment as measured from the mean high water 
or normal water level conto ur- 
determine that 

the 



(c) Where Department Staff 
insufficient coastal marsh 



exists along 
permittee's shoreline to provide adequate shoreline 
stabilization, the permittee shall be required to 
plant appropriate coastal marsh landward of the 
breakwater structure as directed by Department 
Staff. 

(d) Construction authorized by this general 
permit will be limited to a maximum length of 500 
feet. 

(e) The breakwater shall be constructed with an 
equal gap between each sheathing board totaling at 
least one inch of open area every linear foot of 
breakwater. The breakwater shall have at least 
one five foot opening at every 100 feet. The 
breakwater sections shall be staggered and overlap 
as long as the five foot separation between sections 
is maintained. Overlapping sections shall not 
overlap more than 10 feet. 

(f) The height of the breakwater shall not exceed 
six inches above mean high water or the normal 
water level. 

(g) Offshore breakwater sections shall be set 



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1872 



PROPOSED RULES 



back 15 feet fro m the adjoining property lines and 
the riparian access dividing line. The line of 
division of riparian access shall be established by 
drawing a line along the channel or deep water in 
front of the property, then drawing a line 
perpendicular to the line of the channel so that it 
intersects with the shore at the point the upland 
property line meets the water's edge. The set back 
may be wai ved by written agreement of the 
adjacent riparian owner(s) or when the two 
adjoining riparian owners are co-applicants. Should 
the adjacent property be sold before construction 
of the breakwater begins, the applicant shall obtain 
a written agreement with the new owner waiving 
the minimum setback and submit it to the Division 
of Coastal Management prior to initiating any 
construction of the breakwater. 

(h) Breakwaters shall be marked at 50 foot 
intervals with yellow reflectors extending at least 
three feet above mean high water. 

(i) No backfill of the breakwater or any other 
fill of wetlands, estuarine waters, public trust 
areas, or highground is authorized by this general 
permit. 

(j) No excavation of the shallow water bottom, 
any wetlands, or high ground is authorized by this 
general permit. 

(k) The breakwater must be constructed of 
treated wood, plastic lumber, metal sheet piles or 
other suitable materials approved by Department 
personnel. 

(1) Perpendicular sections, return walls, or 
sections which would enclose estuarine waters or 
public trust areas shall not be allowed under this 
permit. 

(m) The permittee will maintain the breakwater 
in good condition and in conformance with the 
terms and conditions of this permit or the 
remaining breakwater structure shall be removed 
within 90 days of notification from the Division of 
Coastal Management. 

Statutory- Authority G.S. 113A-W7; 113A-118.1. 

TITLE 16 - DEPARTMENT OF 
PUBLIC EDUCATION 

1\ otice is hereby given in accordance with G.S. 
150B-21.2 that the State Board of Education 
intends to amend rules cited as 16 NCAC 6C . 0307 
and 6E . 0202. 

1 he proposed effective date of this action is July 



1. 1994. 

1 he public hearing will be conducted at (16 
NCAC 6C .0307) 9:30 a.m. and (16 NCAC 6E 
.0202) 10:00 a.m. on February 4, 1994 at the 
State Board Room, Education Building. 301 N. 
Wilmington Street, Raleigh, NC 27601-2825. 

MXeason for Proposed Action: 
16 NCAC 6C .0307 - Amendment allows school 
systems greater flexibility in handling certificate 
renewal credits. 

16 NCAC 6E .0202 - Amendment provides consis- 
tent policy to be applied in grades 7-12 regard- 
ing persons who are ejected from interscholastic 
athletic extents. 

(comment Procedures: Any interested person may 
make comments in writing prior to or at the hear- 
ing or orally at the hearing. 

CHAPTER 6 - ELEMENTARY AND 
SECONDARY EDUCATION 

SUBCHAPTER 6C - PERSONNEL 

SECTION .0300 - CERTIFICATION 

.0307 CERTIFICATE RENEWAL 

(a) Certificates are valid for a period of five 
years from the effective date of issuance. Holders 
must renew their certificates within each five-year 
period. The Department applies renewal credit to 
the person's certificate field(s) and/or professional 
duties. 

(b) The Department bases renewal or reinstate- 
ment of a certificate on 15 units of renewal credit. 
A unit of credit is equal to one quarter hour or 
two-thirds of a semester hour of IHE credit, or one 
school year of teaching experience. The Depart- 
ment will not record less than one credit on a 
certificate. For their own employees. LEAs can 
approve staff development activities that carry less 
than one unit of credit. 

(c) Currently employed personnel shall maintain 
a professional growth plan in accordance with 
department guidelines. These persons may obtain 
renewal credit for the following activities: 

(1) college or university credit activities; 

(2) teaching experience (one unit for every 
year); 

(3) local in-service courses or workshops 
which carry at least one unit of renewal 



1873 



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PROPOSED RULES 



credit and which meet the following 
criteria: 

(A) ten clock hours of direct training by 
the instructor will equal one unit of 
renewal credit; 

(B) content and instructional activities 
designed in a sequential manner to 
develop specified competencies of a 
specific population; 

(C) led by qualified instructional person- 
nel and directly supervised by the 
sponsoring school unit; 

(D) credit is granted on the basis of pro- 
gram completion and achievement of 
specified individual performance, 
which is determined by individual 
evaluation for specified competencies; 

(E) enrollment limited to assure account- 
ability of credit granted; 

(4) independent study of no more than five 
units of renewal credit per five-year 
renewal period which meets the follow- 
ing criteria: 

(A) teachers and other certified personnel 
help to develop local independent 
study procedures which the superin- 
tendent keeps on file and periodically 
sends to each certified employee; 

(B) the employee and the superintendent 
or his or her designee plan the experi- 
ence in advance, including identifica- 
tion of competencies to be acquired 
and an evaluation to determine satis- 
factory achievement of those compe- 
tencies; and 

(C) the amount of credit awarded is relat- 
ed to the complexity of the competen- 
cies to be achieved; 

(5) activities approved by the Department. 

(d) Each LEA and approved governing boards 
of schools are responsible for assuring that all 
local courses and workshops and independent study 
activities which do not carry IHE credit meet the 
standards contained in this Rule. 

(e) Agencies which the Department authorizes to 
administer renewal requirements locally shall adopt 
a procedure to determine the appropriateness of 
credit in advance of the renewal activity. In 
determining appropriateness the agency must 
consider direct relationship to critical job responsi- 
bilities, suitability of the content level and properly 
established credit for the activity. Each agency 
must report on participation in and effectiveness of 
renewal activities as the Department requests. 

(f) Persons who hold a North Carolina certifi- 



cate but who are not currently employed in the 
public schools or by approved boards may earn 
renewal credit in college or university credit 
activities, or local courses and workshops or 
activities approved by the Department if they are 
admitted on a space available basis. The Depart- 
ment will determine the appropriateness of the 
credits on the basis of the direct relationship to the 
certificate field, the suitability of the content level 
and properly established credits for the activity. 

(g) The Department will approve in advance 
activities which are not established for certificate 
renewal by LEAs or which do not carry regular 
IHE credit, but which are offered for renewal 
credit. 

Authority G.S. 115C-12(9)a; N.C. Constitution, 
Article IX, Sec. 5. 

SUBCHAPTER 6E - STUDENTS 

SECTION .0200 - SCHOOL ATHLETICS 
AND SPORTS MEDICINE 

,0202 INTERSCHOLASTIC ATHLETICS 

(a) Only students in grades 7- 1 2 may participate 
in interscholastic athletic competition. In order to 
qualify for public school participation, a student 
must meet the following requirements: 

(1) The student must meet the residence 
criteria of G.S. 115C-366(a). The 
student may participate only at the 
school to which the student is assigned 
by the LEA. 

(2) The principal must have evidence of the 
legal birth date of the student. The age 
limits for students as of October 16 of 
each year are: 

(A) no older than age 18 for high school; 

(B) no older than age 16 for ninth grade 
or junior high; and 

(C) no older than age 15 for seventh or 
eighth grade. 

(3) In grades 9-12, the student must pass at 
least five courses each semester and 
meet promotion standards established 
by the LEA. In grades 7 and 8, the 
student must meet state and local pro- 
motion standards and maintain passing 
grades each semester. Regardless of 
the school organization pattern, a stu- 
dent who is promoted from the eighth 
grade to the ninth grade automatically 
meets the courses passed requirement 
for the first semester of the ninth grade. 



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1874 



PROPOSED RULES 



(4, 



(5) 



(A) 
(B) 
(C) 

(D) 

(E) 



(6. 



The student must receive a medical 
examination by a licensed medical 
doctor each year (365 days). 
The student may not participate after 
any of the following: 
graduation; 

becoming eligible to graduate; 
signing a professional athletic con- 
tract; 

receiving remuneration as a partici- 
pant in an athletic contest; or 
participating on an all-star team or in 
an all-star game that is not sanctioned 
by the association of which the 
student's school is a member. The 
student is ineligible only for the 
specific sport involved. 
A high school student may participate 
only during the eight consecutive 
semesters beginning with the student's 
first entry into grade nine. 

(b) The SBE recognizes that the North Carolina 
High School Athletic Association (NCHSAA) has 
been organized and operates to enforce the SBE 
interscholastic athletic rules. The SBE supports 
the exercise of this function by the NCHSAA 
within the framework of SBE rules. 

(c) The NCHSAA may waive any eligibility 
requirement contained in this Rule, except the age 
requirement, if it finds that the rule fails to 
accomplish its purpose or it works an undue 
hardship when applied to a particular student. 

(d) Each principal of a school which participates 
in interscholastic athletics must certify a list of 
eligible students for each sport. 

(e) The NCHSAA may adopt and impose 
penalties appropriate for the violation of this Rule 
at the high school level. The LEA which has 
jurisdiction over the school may impose additional 
penalties. LEAs or conferences may adopt and 
impose penalties at the middle and junior school 
levels. Any student-athlete, coach or school 
official in grades 7 zl2 wr| o is ejected from any 
athletic contest shall be penalized as follows: 

(1) for the first offense, the person shall be 
reprimanded and suspended for the next 
game at that level of play (varsity or 
junior varsity) and for any intervening 
games at either level; 

(2) for a second offense, the person shall 
be placed on probation and suspended 
for the next two games at that level of 
play (varsity or junior varsity) and for 
any intervening games at either level; 

(3) for a third offense, the person shall be 



suspended for one calendar yea r; 

(4) a coach who is suspended at any level 
of grades 7-12 (middle school, junior 
high or high school) may not coach jn 
any other grade level in grades 7-12 
during the period of suspension; 

(5) penalties are cumulative from sport to 
sport and from sport season to s port 
season. If no member of the school's 
coaching staff is present to assume an 
ejected coach's duties, the contest shall 
be terminated by a forfeit. 

(f) The NCHSAA must receive approval from 
the SBE or its designee for any new, additional or 
revised rule which it proposes for the governance 
of athletics. 

Statutory Authority G.S. 115C-47(4). 

TITLE 19A - DEPARTMENT OF 
TRANSPORTATION 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the North Carolina Department of 
Transportation intends to amend rides cited as 19A 
NCAC 02E .0216 - .0219 and .0221. 

1 he proposed effective date of this action is April 
1. 1994. 

Instructions on How to Demand a Public Hearing 
(must be requested in writing within 15 days of 
notice): A demand for a public hearing must be 
made in writing and mailed to Emily Lee, Depart- 
ment of Transportation, P.O. Box 25201, Raleigh, 
NC 27611. Tfie demand must be received within 
15 days of this Notice. 

Keason for Proposed Action: 
19 A NCAC 02E .0216, .0218, .0219, .0221 - will 
allow for Logo signing at all freeway interchanges. 
19 A NCAC 02E .0217 - deletes definitions which 
are no longer applicable to the Logo Sign pro- 
gram. 

Ksomment Procedures: Any interested person may 
submit written comments on the proposed rules by 
mailing the comments to Emily Lee, Department of 
Transportation, P.O. Box 25201, Raleigh, NC 
2761 1 , within 30 days after the proposed rules are 
published or until the date of any public hearing 
held on the proposed rules, whichever is longer. 



1875 



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PROPOSED RULES 



CHAPTER 2 - DIVISION OF HIGHWAYS 

SUBCHAPTER 2E -MISCELLANEOUS 
OPERATIONS 

SECTION .0200 - OUTDOOR 
ADVERTISING 

.0216 SPECIFIC INFORMATION 
SIGNING PROGRAM 

The Specific Information Signing Program, 
hereinafter "Program", provides certain eligible 
businesses with the opportunity to be listed on 
official signs within the right-of-way of interstate 
highways and fully controlled access highways. 
The Traffic Engineering Branch is responsible for 
receiving requests for information concerning the 
Program. Requests for information may be direct- 
ed to the State Traffic Engineer, Division of 
Highways, Department of Transportation, P.O. 
Box 25201, Raleigh, N. C. 27611. Division 
Engineers for the division in which the interchange 
is located are responsible for receiving and distrib- 
uting applications and copies of policies and 
procedures, executing agreements and administer- 
ing the agreements. 

Authority G.S. 136-89.56; 136-137; 136-139; 
143B-346; 143B-348; 143B-350(f); 23 C.ER. 750, 
Subpart A; 23 U.S.C. 131(f). 

.0217 SPECIFIC INFORMATION 
PROGRAM DEFINITIONS 

The following definitions apply to 19A NCAC 
2E .0216 through .0223: 

(1) "Specific Information Panel", or "panel" 
means a panel, rectangular in shape, 
located within the highway right of way 
and consisting of: 

(a) the words "GAS", "FOOD", "LODG- 
ING", or "CAMPING" and directional 
information; 

(b) space for one or more individual busi- 
ness (logo) signs to be mounted on the 
panel. 

(2) "Business Sign" or "Logo Sign" means a 
separately attached sign, furnished and 
owned by a participating business, 
mounted on the rectangular panel or 
mounted separately for trailblazing to 
show the brand, symbol, trademark, or 
name, or combination of these, for the 
motorist service available on the 
crossroad at or near the interchange. 

(3) Public Telephone" means a coin operated 



W- 



(fr 



14} 



telephone or a business telephone which 
is available for public use during all 
business hours. If there is an outside 
coin-operated telephone in the immediate 
vicinity of the business (within the 
intersection area, at an adjacent business 
or across the road), the business is in 
compliance. A business phone at an 
adjacent business is not a public 
telephone for a particular applicant 
business. 

"Interstate Highway" means any section 
of the highway that is a part of the 
"National — System — ef- — Interstate — and 
Defense Highways". — A highway listed as 
"Interstate Business Loop (or Spur)" or 
"Temporary Interstate" is not considered 
a part of the Interstate Highway System. 
"Rural Interchange" means an 



interchange on on Interstate or other fully 
controlled access highway, any portion of 
which is outside the corporate limits of 
any municipality. 

{6) "Supplemental Service Sign" means a 
panel, rectangular in shape, white legend 
and border on a blue background, with 
the words "GAS", "FOOD", 
"LODGING", "CAMPING" or any 
combination thereof. 

(5) f7-) "Tire Repair (by an employee)" 
means on premise tire repair by an 
employee or a contract between the 
subject business and another business to 
do tire repair for them. 

(6) {%} "Fully Controlled Access Highway" 
means a highway on which the authority 
to control access is exercised to give 
preference to through traffic by providing 
access connections with selected public 
roads only by prohibiting crossings at 
grade or direct private driveway 
connections. 

(7) {9) "Mainline" means fully controlled 
access highway. 



Authority G.S. 136-89.56; 136-137; 136-139; 
143B-346; 143B-348; 143B-350(f); 24 C.ER. 750, 
Subpart A; 23 U.S.C. 131(f). 

.0218 LOCATION OF PANELS 

The department shall control the erection and 
maintenance of official signs giving specific 
information of interest to the traveling public in 
accordance with following criteria: 

(1) The department may erect panels at rural 



8:19 



NORTH CAROLINA REGISTER 



January 3, 1994 



1876 



PROPOSED RULES 



interchanges. The department may also 
erect panel s at an interchange within a 

municipal corporate limit with a 

population of 25,000 or less, at the time 
application for business signs is made. If 
an interchange is taken into a municipal 
corporate limit after the initial business 
signs are erected, bu s iness signs may be 
added to the original — panels until the 
panels — have — the — foH — complement — ef 
bu s iness s ign s . — No additional panels will 
be erected at an interchange that has been 
taken into a municipal corporate limit 
with 25.000 population or greater . 

(2) Panels shall be fabricated and located as 
detailed on the signing plans for the 
interchanges and shall be located in a 
manner to take advantage of natural 
terrain and to have the least impact on 
the scenic environment. 

(3) A separate mainline panel shall be 
provided on the interchange approach 
for each qualified type of motorist service 
except as provided in Item (4) of this 
Rule. No more than one panel shall be 
erected for a type of service in each 
direction approaching an interchange. 
Where a qualified type of motorist 
service is not available at an interchange, 
the panel may not be erected. A 
maximum number of six specific business 
(logo) signs may be installed on any logo 
panel for each service type at an 
interchange. 

(4) The mainline panels shall be erected 
between the previous interchange and 800 
feet in advance of the exit direction sign 
for the interchange from which the 
services are available. There shall be at 
least 800 feet spacing between the panels 
and other signs. In the direction of 
traffic, the successive panels shall be 
those for "CAMPING", "LODGING", 
"FOOD", and "GAS" in that order. A 
combination type panel may be used in 
remote rural areas of the Interstate 
System, or other fully controlled access 
highway and when space does not permit 
all signs and only two of each type of 
service is available at the location. A 
maximum of three business signs may 
appear below each respective service on 
a combination type panel. If all four 
services are available, "GAS" and 
"FOOD" shall be combined on one sign. 



and "LODGING" and "CAMPING" shall 

be combined on one sign. When the 

number of business facilities at a rural an 

interchange are increased to more than 

three for one or more services, existing 

combination service business signing 

must be removed and replaced with sign 

panels, dedicated to each service. If the 

spacing limitations prohibit the erection 

of Specific Information Panels for all of 

the types of services available, preference 

shall be given to "GAS", "FOOD", 

"LODGING" or "CAMPING" services in 

that order. No panels shall be erected 

where minimum spacing limitations 

cannot be met. 

If a panel(s) cannot be erected due to spacing 

limitations, a supplemental service sign, which lists 

the additional services available, may be erected 

below existing sign(s). Not more than three 

services may be erected below an existing sign. 

(5) On each exit ramp, a ramp panel for the 
qualified type of motorist service may be 
erected. 

If all of the qualified services are visible from the 
exit ramp terminal, ramp panels are not required. 

(6) The ramp panel shall be erected as 
detailed on the signing plans for the 
interchange. If conditions permit, the 
successive panels along the ramp in the 
direction of traffic shall be those for 
"CAMPING", "LODGING", "FOOD", 
and "GAS" in that order. 

(7) If there is insufficient space on the ramp 
or the mainline for all the panels, priority 
shall be given to "GAS", "FOOD", 
"LODGING", then "CAMPING" 
services in that order. If panel(s) cannot 
be erected on a ramp due to spacing 
limitations, a supplemental service sign, 
which lists the additional services 
available, may be erected. 

(8) Panels shall not be erected at an 
interchange where the motorist cannot 
conveniently re-enter the freeway and 
continue in the same direction of travel. 
Panels shall not be erected at any 
interchange with another controlled 
access facility. 

Authority G.S. 136-89.56; 136-137; 136-139; 
143B-346; 143B-348; 143B-350(f); 23 C.ER. 750. 
Subpart A; 23 U.S.C. 131(f). 

.0219 ELIGIBILITY FOR PROGRAM 



1877 



8:19 



NORTH CAROLINA REGISTER 



January 3, 1994 



PROPOSED RULES 



Business signs may be permitted, provided said 
businesses comply with the following criteria and 
have a public telephone: 

(1) The individual business installation whose 
name, symbol or trademark appears on a 
business sign shall give written assurance 
of the business's conformity with all 
applicable laws concerning the provision (3) 
of public accommodations without regard 

to race, religion, color, sex, or national 

origin. An individual business may apply (a) 

for additional sign positions on a sign 

panel provided no qualified applicant is (b) 

denied space on the sign panel. An 

individual business, under construction, (c) 

may participate in the program by giving 

written assurance of the business's (d) 

conformity with all applicable laws and 

requirements for that type of service, by 

a specified date of opening to be within (e) 

one year of the date of application. 

(2) The maximum distance that a "GAS" 
"FOOD", or "LODGING" service can be (4) 
located from the Interstate, or other fully 
controlled access highway shall not (a) 
exceed three miles in either direction via 

an all-weather road. Where no 

qualifying services exist within three (b) 

miles, the maximum distance may be 

increased to six miles, provided the total 

travel distance to the business and return 

to the interchange does not exceed twelve 

miles. The maximum distance for a (c) 

"CAMPING" service shall not exceed ten (d) 

miles in either direction via an (5) 

all-weather road. Said distances shall be 

measured from the point on the (a) 

interchange crossroad, coincident with 

the centerline of the Interstate or other 

fully controlled access highway route (b) 

median, along the roadways to the 

respective motorist service. The point to 

be measured to for each business is a 

point on the roadway that is 

perpendicular to the corner of the nearest 

wall of the business to the interchange. 

The wall to be measured to shall be that 

of the main building or office. Walls of 

sheds (concession stands, storage 

buildings, separate restrooms, etc.) 

whether or not attached to the main 

building are not to be used for the 

purposes of measuring. If the office 

(main building) of a business is located 

more than .2 mile from a public road on 



a private road or drive, the distance to 
the office along the said drive/road shall 
be included in the overall distance 
measured to determine whether or not the 
business qualifies for business signing. 
The office shall be presumed to be at the 
place where the services are provided. 
"GAS" and associated services. Criteria 
for erection of a business sign on a panel 
shall include: 
appropriate licensing as required by 
law; 

vehicle services for fuel, motor oil, tire 
repair (by an employee) and water; 
restroom facilities and drinking water 
suitable for public use; 
an on-premise attendant to collect 
monies, make change, and make or 
arrange for tire repairs; 
year-round operation at least 16 
continuous hours per day, seven days a 
week. 
"FOOD". Criteria for erection of a 
business sign on a panel shall include: 
appropriate licensing as required by 
law, and a permit to operate by the 
health department; 

year-round operation at least 12 
continuous hours per day to serve three 
meals a day (sandwich type entrees may 
be considered a meal) (breakfast, lunch, 
supper), seven days a week; 
indoor seating for at least 20 persons; 
public restroom facilities. 
"LODGING". Criteria for erection of a 
business sign on a panel shall include: 
appropriate licensing as required by 
law, and a permit to operate by the 
health department; 

adequate sleeping accommodations 
consisting of a minimum of 10 units 
each, including bathroom and sleeping 
room, except a Lodging business 
operating as a "Bed and Breakfast" 
establishment with less than 10 units 
may participate. "Bed and Breakfast" 
businesses shall be identified on the 
Logo signs by a standard message 
specified by the Department. "Bed and 
Breakfast" businesses shall only be 
allowed to participate in the program if 
the maximum number of qualified 
Lodging businesses do not request 
participation in the program and occupy 
spaces on the Logo sign panels; 



8:19 



NORTH CAROLINA REGISTER 



January 3, 1994 



1878 



PROPOSED RULES 



(c) off-street vehicle parking for each 
lodging room for rent; 

(d) year-round operation. 

(6) "CAMPING". Criteria for erection of a 
business sign on a panel shall include: 

(a) appropriate licensing as required by 
law, including meeting all state and 
county health and sanitation codes and 
having adequate water and sewer 
systems which have been duly inspected 
and approved by the local health 
authority (the operator shall present 
evidence of such inspection and 
approval); 

(b) at least 10 campsites with 
accommodations for all types of 
travel-trailers, tents and camping 
vehicles; 

(c) adequate parking accommodations; 

(d) continuous operation, seven days a 
week during business season; 

(e) removal or masking of said business 
sign by the department during off 
seasons, if operated on a seasonal basis. 

Authority G.S. 136-89.56; 136-137; 136-139; 
143B-346; 143B-348; 143B-350(f); 23 C.F.R. 750. 
Subpart A; 23 U.S.C. 131(f). 

.0221 FEES 

(a) The fee for an initial installation is two 
hundred fifty dollars ($250.00) per business sign. 
Contracts are renewed annually every November 
1 . The annual fee is two hundred fifty dollars 
($250.00) per business sign. The initial fee shall 
cover a one-year period beginning with placement 
and acceptance of the "business sign" or "logo 
sign" by the department. The fee for that period 
of time between the first anniversary of placement 
and acceptance and the first annual renewal date 
shall be the prorated portion of the annual fee. 
Any business which meets the criteria to 
participate in the program may pay the cost of 
initial installation of a complete logo sign panel 
subject to a credit to be determined by the 
department at the time it receives any fee from a 
business which later qualifies and elects to 
participate in the program on the subject panel. 
The aforesaid payment of the cost of initial 
installation of a complete logo sign panel in no 
way relieves the participating business from the 
obligation of its payment of the annual 
maintenance fee per business sign. 

(b) Fees are payable by check or money order 
and due in advance of the period or service 



covered by said fee. Failure to pay a charge when 
due is ground for removal of the sign and 
termination of the contract. 

(c) When requested by a business, the 
department may perform additional requested 
services in connection with changes of the business 
sign, upon payment of a twenty-five dollar 
($25.00) service charge per business sign, and any 
new or renovated business sign required for such 
purpose shall be provided by the applicant. If the 
department removes or masks a business sign 
because of seasonal operation, there will be no 
additional charge to the business. 

(d) The department shall not be responsible for 
damages to business signs caused by acts of 
vandalism, accidents, natural causes (including 
natural deterioration), requiring repair or 
replacement of business sign(s). Applicants in 
such event shall provide a new or renovated 
business sign together with payment of a 
twenty-five dollar ($25.00) service charge per 
business sign to the department to replace such 
damaged business sign(s). 

(e) Any participating business, other than 
"GAS", "FOOD", or "LODGING" service located 
more than three miles from the Interstate, or other 
fully controlled access highway, which did not 
previously participate in the initial cost of the 
installation of logo sign panels, may by making 
application to the department and paying the 
balance of construction costs not previously paid, 
avoid being removed from this program by 
applications of other businesses deemed closer to 
the interchange. Any participating applicant may 
pay the balance of construction costs for only one 
logo sign on any sign panel. This payment of the 
balance of construction costs in no way relieves 
the participating business from the obligation of its 
payment of the annual maintenance fee per 
business sign. 

(f) Any business, other than "GAS", "FOOD", 
or "LODGING" service located more than three 
miles from the Interstate, or other fully controlled 
access highway, which meets the criteria to 
participate in the program, by making application 
to the department and prepaying all construction 
cost fees for addition to existing logo signs, may 
avoid being removed from this program by 
applications of other businesses deemed to be 
closer to the interchange. Any business applicant 
may prepay the balance of construction costs for 
only one logo sign on any sign panel. This 
prepayment of all construction cost fees in no way 
relieves the participating business from the 
obligation of its payment of the annual 



1879 



8:19 



NORTH CAROLINA REGISTER 



January 3, 1994 



PROPOSED RULES 



maintenance fee per business sign. 

(g) Any participating business located more than 
three miles from the Interstate, or other fully 
controlled access highway, that prepaid all 
construction costs for the initial installation of the 
logo background sign panels, shall be allowed a 
reimbursement if dislocated by another qualifying, 
participating business. This reimbursement 

amount will be determined by the Department, 
based on the life-cycle costs of the logo signs and 
the in-service time the business logo was 
displayed. 

Authority G.S. 136-89.56; 136-137; 136-139; 
143B-346; 143B-348; 143B-350(f); 23 C.ER. 750, 
Subpart A; 23 U.S.C. 131(f). 

TITLE 21 - OCCUPATIONAL 
LICENSING BOARD 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the North Carolina Psychology 
Board intends to amend rule cited as 21 NCAC 54 
.1605. 

± he proposed effective date of this action is April 
1, 1994. 

± he public hearing will be conducted at 3:00 
p.m. on January 26, 1994 at the Board Room, 
Sheraton Crabtree Hotel, Raleigh, NC. 

IXeason for Proposed Action: To set fees not 
specified by statute. 

Lsonunent Procedures: Comments may be submit- 
ted in writing or in person at the public hearing or 
in writing prior to February 3, 1994 to Martha 
Storie, Executive Director, N. C. Psychology 
Board, University Hall, Appalachian State Univer- 
sity. Boone, N. C. 28608. 

CHAPTER 54 - BOARD OF 
PRACTICING PSYCHOLOGISTS 

SECTION .1600 - GENERAL 
PROVISIONS 

.1605 FEES 

In addition to fees specified in Article 18A, 
Chapter 90 of the North Carolina General Statutes, 
the following charges will be assessed for the 



indicated services: 

(1) eight dollars ($8.00) - copy of annual 
directory of licensed psychologists; 

(2) five dollars ($5.00) - copy of 21 NCAC 
54; 

(3) fifty dollars ($50.00) two hundred dollars 
($200.00) - renewal of license; 

(4) ten dollar s ($10.00) late renewal of 

licen s e; 

the cost of the examination to the Board 
plus twenty-five dollars ($25.00) for the 
; national written examination; 
ten dollars ($10.00) one hundred dollars 
($100.00) - state examination; and 
twenty five cents ($0.25) per page - copy 
of minutes of board meetings or tran- 
script of hearing-^ 

one hundred dollars ($100.00) z applica- 
tion fee; 

one hundred dollars ($100.00) z reinstate- 
ment fee; and 
twenty dollars ($20.00) z returned check. 



(§4) 

(65) 
(?6) 

m 

18] 
(9) 



Statutory Authority 
90-270. 18(b)(c) 



G.S. 12-3. 1(c); 90-270.9; 



8:19 



NORTH CAROLINA REGISTER 



January 3, 1994 



1880 



LIST OF RULES CODIFIED 



1 he List of Rules 


Codified 


is a listing of rules that were filed with OAH in the month indicated. 


Key: 








Citation 




= 


Title, Chapter, Subchapter and Rule(s) 


AD 




= 


Adopt 


AM 




= 


Amend 


RP 




= 


Repeal 


With Chgs 




= 


Final text differs from proposed text 


Corr 




= 


Typographical errors or changes that requires no rulemaking 


Eff. Date 




= 


Date rule becomes effective 


Temp. Expires 


= 


Rule was filed as a temporary rule and expires on this date or 180 days 



NORTH CAROLINA ADMINISTRATIVE CODE 

Editor's Note: Due to the volume of rules filed in September, October and November by the Departments 
of Revenue and Transportation for codification into the North Carolina Administrative Code, the Rules 
Division is publishing a separate List of Rules Codified for these rules and will be mailing these rule 
changes as a separate update to NCAC subscribers. 

SEPTEMBER, OCTOBER & NOVEMBER 93 

TITLE 17 - DEPARTMENT OF REVENUE 

TITLE 19A - DEPARTMENT OF TRANSPORTATION 



Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


17 NCAC IC .0501 - .0513 


/ 










10/01/93 




4A .0001 - .0008 






/ 






01/01/94 




4B .0104 




/ 








01/01/94 




.0106 




/ 








01/01/94 




.0109 




/ 








01/01/94 




.0304 




/ 








01/01/94 




.0308 - .0311 




/ 








01/01/94 




.0313 






/ 






01/01/94 




.0602 






/ 






01/01/94 




.1305 - .1306 




/ 








01/01/94 




.1402 




/ 








01/01/94 




.1701 






/ 






01/01/94 




.1811 






/ 






01/01/94 




.2001 






/ 






01/01/94 







( 



1881 



8:19 



NORTH CAROLINA REGISTER 



January 3, 1994 



LIST OF RULES CODIFIED 





Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


17 NCAC 4B .3006 




/ 








01/01/94 




.3301 




/ 








01/01/94 




.3402 




/ 








01/01/94 




.3406 - .3407 




/ 








01/01/94 




.3501 










/ 






.3701 






/ 






01/01/94 




.3704 




/ 








01/01/94 




.4005 




/ 








01/01/94 




.4013 




/ 








01/01/94 




.4103 






/ 






01/01/94 




.4402 




/ 








01/01/94 




.4503 - .4504 




/ 








01/01/94 




.4506 




/ 








01/01/94 




.4509 




/ 








01/01/94 




.4511 




/ 








01/01/94 




.4516 




/ 








01/01/94 




4C .0101 




/ 








01/01/94 




.0201 




/ 








01/01/94 




.0205 




/ 








01/01/94 




.0301 - .0302 






/ 






01/01/94 




.0401 - .0405 






/ 






01/01/94 




.0501 - .0503 






/ 






01/01/94 




.0504 




/ 








01/01/94 




.0505 






/ 






01/01/94 




.0603 




/ 








01/01/94 




.0604 






/ 






01/01/94 




.0701 - .0702 




/ 








01/01/94 




.0801 - .0802 




/ 








01/01/94 




.0901 




/ 








01/01/94 




.0903 




/ 








01/01/94 




.1002 




/ 








01/01/94 




.1003 - .1004 






/ 






01/01/94 




.1101 - .1102 




/ 








01/01/94 







8:19 



NORTH CAROLINA REGISTER 



January 3, 1994 



1882 



LIST OF RULES CODIFIED 





Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


EfT. 
Date 


Temp. 
Expires 


17 NCAC 4C .1201 




/ 








01/01/94 




.1202 










/ 






.1204 






/ 






01/01/94 




.1301 




/ 








01/01/94 




.1402 




/ 








01/01/94 




.1501 




/ 








01/01/94 




.1705 




/ 








01/01/94 




.1707 




/ 








01/01/94 




4D .0303 




/ 








01/01/94 




.0305 




/ 








01/01/94 




.0401 - .0402 




/ 








01/01/94 




.0505 




/ 








01/01/94 




.0508 - .0509 




/ 








01/01/94 




.0610 




/ 








01/01/94 




.0909 






/ 






01/01/94 




.1001 




/ 








01/01/94 




.1002 






/ 






01/01/94 




4E .0102 




/ 








01/01/94 




.0201 










/ 






.0203 




/ 








01/01/94 




.0209 - .0210 






/ 






01/01/94 




.0402 






/ 






01/01/94 




.0501 






/ 






01/01/94 




.0601 - .0602 




/ 








01/01/94 




4F .0001 




/ 








01/01/94 




5A .0001 - .0002 






/ 






10/01/93 




5B .0106 






/ 






10/01/93 




.0203 






/ 






10/01/93 




.1111 






/ 






10/01/93 




.1310 






/ 






10/01/93 




.1405 






/ 






10/01/93 




5C .0603 






/ 






10/01/93 




.0901 






/ 






11/01/93 







1883 



8:19 



NORTH CAROLINA REGISTER 



January 3, 1994 



LIST OF RULES CODIFIED 





Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


17 NCAC 5C .0904 






/ 






11/01/93 




.2601 






/ 






10/01/93 




7 A .0001 - .0003 






/ 






10/01/93 




7B .0101 






/ 






10/01/93 




.0104- .0106 




/ 








10/01/93 




.0109 




/ 








10/01/93 




.0111 




/ 








10/01/93 




.0113 




/ 








10/01/93 




.0115 




/ 








10/01/93 




.0116 






/ 






10/01/93 




.0117 




/ 








10/01/93 




.0119 






/ 






10/01/93 




.0121 




/ 








10/01/93 




.0122- .0125 




/ 








10/01/93 




.0126 






/ 






10/01/93 




.0201 - .0202 




/ 








10/01/93 




.0206 




/ 








10/01/93 




.0301 - .0302 




/ 








10/01/93 




.0401 




/ 








10/01/93 




.0403 - .0407 




/ 








10/01/93 




.0501 






/ 






10/01/93 




.0502 




/ 








10/01/93 




.0602 - .0604 




/ 








10/01/93 




.0606 




/ 








10/01/93 




.0610 




/ 








10/01/93 




.0615 




/ 








10/01/93 




.0617- .0618 




/ 








10/01/93 




.0621 - .0622 




/ 








10/01/93 




.0624 - .0633 




/ 








10/01/93 




.0702 




/ 








10/01/93 




.0704 - .0708 




/ 








10/01/93 




.0710- .0714 




/ 








10/01/93 




.0716 




/ 








10/01/93 







8:19 



NORTH CAROLINA REGISTER 



January 3, 1994 



1884 



LIST OF RULES CODIFIED 










Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


17 NCAC 7B .0801 




/ 








10/01/93 




.0803 




/ 








10/01/93 




.0805 - .0806 




/ 








10/01/93 




.OS 1 1 




/ 








10/01/93 




.0901 - .0902 




/ 








10/01/93 




.0904 


/ 










10/01/93 




.1001 - .1003 




/ 








10/01/93 




.1101 




/ 








10/01/93 




.1105 




/ 








10/01/93 




.1107 




/ 








10/01/93 




.1111 




/ 








10/01/93 




.1113 






/ 






10/01/93 




.1115 




/ 








10/01/93 




.HIS 




/ 








10/01/93 




.1122 - .1123 




/ 








10/01/93 




.1201 - .1202 




/ 








10/01/93 




.1301 - .1303 




/ 








10/01/93 




.1305 


/ 










10/01/93 




.1401 - .1402 




/ 








10/01/93 




.1403 






/ 






10/01/93 




.1404 




/ 








10/01/93 




.1405 






/ 






10/01/93 




.1601 - .1602 




/ 








10/01/93 




.1701 - .1702 




/ 








10/01/93 




.1703 - .1705 




/ 








10/01/93 




.1706 






/ 






10/01/93 




.1801 - .1802 




/ 








10/01/93 




.1804 - .1805 




/ 








10/01/93 




.1903 - .1905 




/ 








10'01/93 




.1906 






/ 






10/01/93 




.1907 




/ 








10/01/93 




.2001 - .2002 




/ 








10/01/93 




.2101 




/ 








10/01/93 







1885 



8:19 



NORTH CAROLINA REGISTER 



January 3, 1994 



LIST OF RULES CODIFIED 





Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


17 NCAC 7B .2103 




/ 








10/01/93 




.2105 




/ 








10/01/93 




.2201 - .2205 




/ 








10/01/93 




.2207 - .2213 




/ 








10/01/93 




.2401 




/ 








10/01/93 




.2502 - .2503 




/ 








10/01/93 




.2601 - .2608 




/ 








10/01/93 




.2611 




/ 








10/01/93 




.2701 - .2702 




/ 








10/01/93 




.2801 - .2802 




/ 








10/01/93 




.2901 - .2902 




/ 








10/01/93 




.3001 - .3002 




/ 








10/01/93 




.3004 




/ 








10/01/93 




.3009 - .3012 




/ 








10/01/93 




.3101 - .3103 




/ 








10/01/93 




.3105 - .3107 




/ 








10/01/93 




.3201 - .3202 




/ 








10/01/93 




.3203 






/ 






10/01/93 




.3204 




/ 








10/01/93 




.3301 - .3302 




/ 








10/01/93 




.3401 - .3403 




/ 








10/01/93 




.3501 




/ 








10/01/93 




.3502 






/ 






10/01/93 




.3504 - .3505 




/ 








10/01/93 




.3601 




/ 








10/01/93 




.3602 






/ 






10/01/93 




.3701 - .3703 




/ 








10/01/93 




.3801 - .3804 




/ 








10/01/93 




.3901 - .3905 




/ 








10/01/93 




.3911 




/ 








10/01/93 




.4003 




/ 








10/01/93 




.4005 






/ 






10/01/93 




.4006 




/ 








10/01/93 







8:19 



NORTH CAROLINA REGISTER 



January 3, 1994 



1886 



LIST OF RULES CODIFIED 





Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


17 NCAC 7B .4101 - .4107 




/ 








10/01/93 




.4109 




/ 








10/01/93 




.4202 - .4203 




/ 








10/01/93 




.4206 - .4207 




/ 








10/01/93 




.4301 - .4303 




/ 








10/01/93 




.4402 - .4403 




/ 








10/01/93 




.4406 - .4408 




/ 








10/01/93 




.4410 




/ 








10/01/93 




.4413 - .4415 




/ 








10/01/93 




.4416 






/ 






10/01/93 




.4501 




/ 








10/01/93 




.4502 






/ 






10/01/93 




.4503 - .4504 




/ 








10/01/93 




.4506 




/ 








10/01/93 




.4508 - .4511 




/ 








10/01/93 




.4514 




/ 








10/01/93 




.4601 






/ 






10/01/93 




.4602 - .4604 




/ 








10/01/93 




.4606 






/ 






10/01/93 




.4609 




/ 








10/01/93 




.4611 




/ 








10/01/93 




.4612 - .4613 






/ 






10/01/93 




.4614- .4615 




/ 








10/01/93 




.4617 






/ 






10/01/93 




.4619 






/ 






10/01/93 




.4701 




/ 








10/01/93 




.4706 - .4708 




/ 








10/01/93 




.4710 - .4711 




/ 








10/01/93 




.4713 




/ 








10/01/93 




.4715 - .4716 




/ 








10/01/93 




.4801 




/ 








10/01/93 




.4902 




/ 








10/01/93 




.5003 - .5004 




/ 








10/01/93 







1887 



8:19 



NORTH CAROLINA REGISTER 



January 3, 1994 



LIST OF RULES CODIFIED 





Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


17 NCAC 7B .5102 




/ 








10/01/93 




.5201 - .5202 




/ 








10/01/93 




.5301 




/ 








10/01/93 




.5406 




/ 








10/01/93 




.5410- .5412 




/ 








10/01/93 




.5414 




/ 








10/01/93 




.5419 - .5421 




/ 








10/01/93 




.5424 




/ 








10/01/93 




.5429 - .5431 




/ 








10/01/93 




.5435 




/ 








10/01/93 




.5439 






/ 






10/01/93 




.5442 




/ 








10/01/93 




.5444 - .5445 




/ 








10/01/93 




.5446 






/ 






10/01/93 




.5448 




/ 








10/01/93 




.5450 - .5452 




/ 








10/01/93 




.5454 - .5456 




/ 








10/01/93 




.5461 


/ 










10/01/93 




7C .0103 




/ 








10/01/93 




.0104- .0105 






/ 






10/01/93 




8 .0403 - .0404 




/ 








10/01/93 




.0406 




/ 








10/01/93 




.0503 - .0504 




/ 








10/01/93 




.0506 




/ 








10/01/93 




.0508 




/ 








10/01/93 




.0603 




/ 








10/01/93 




.0605 - .0606 




/ 








10/01/93 




.0608 - .0610 




/ 








10/01/93 




.0702 - .0704 




/ 








10/01/93 




.0706 




/ 








10/01/93 




.0901 - .0904 




/ 








10/01/93 




.1002 




/ 








10/01/93 




.1102- .1103 




/ 








10/01/93 







8:19 



NORTH CAROLINA REGISTER 



January 3, 1994 



1888 



LIST OF RULES CODIFIED 





Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


EfF. 
Date 


Temp. 
Expires 


17 NCAC 8 .1201 




/ 








10/01/93 




.1301 - .1302 




/ 








10/01/93 




.1501 




/ 








10/01/93 




.1505 




/ 








10/01/93 




.1601 - .1604 




/ 








10/01/93 




9G .0102 




/ 








01/01/94 




.0104 




/ 








01/01/94 




.0201 - .0203 




/ 








01/01/94 




.0301 - .0303 




/ 








01/01/94 




.0306 




/ 








01/01/94 




.0402 - .0404 




/ 








01/01/94 




.0502 - .0503 




/ 








01/01/94 




.0507 




/ 








01/01/94 




.0509 




/ 








01/01/94 




.0512 




/ 








01/01/94 




.0514 




/ 








01/01/94 




.0516 


/ 










01/01/94 




9H .0102 




/ 








01/01/94 




.0202 




/ 








01/01/94 




.0208 




/ 








01/01/94 




.0210 


/ 










01/01/94 




.0302 - .0303 




/ 








01/01/94 




.0305 




/ 








01/01/94 




.0409 




/ 








01/01/94 




91 .0102 




/ 








01/01/94 




.0301 - .0301 




/ 








01/01/94 




.0402 




/ 








01/01/94 




.0506 




/ 








01/01/94 




9J .0204 




/ 








01/01/94 




10 .0503 






/ 






10/01/93 




11 .0201 - .0202 






/ 






10/01/93 




.0205 






/ 






10/01/93 




19A NCAC 1A .0101 




/ 








11/01/93 





1889 



8:19 



NORTH CAROLINA REGISTER 



January 3, 1994 



LIST OF RULES CODIFIED 





Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


19A NCAC 1A .0102 






/ 






11/01/93 




.0103 






/ 






11/01/93 




.0201 




/ 








11/01/93 




.0202 - .0203 






/ 






11/01/93 




.0301 




/ 








11/01/93 




.0302 - .0303 






/ 






11/01/93 




.0401 




/ 








11/01/93 




.0402 - .0403 






/ 






11/01/93 




.0701 - .0711 






/ 






12/01/93 




.0901 - .0902 






/ 






11/01/93 




.1001 - .1002 






/ 






11/01/93 




IB .0101 






/ 






11/01/93 




.0102 










/ 






.0103 




/ 








11/01/93 




.0201 - .0203 




/ 








11/01/93 




.0206 










/ 






.0301 - .0302 




/ 








11/01/93 




.0401 




/ 








11/01/93 




.0402 










/ 






.0403 




/ 








11/01/93 




.0501 - .0502 




/ 








11/01/93 




.0501 - .0502 










/ 






1C .0101 






/ 






11/01/93 




.0102 




/ 








11/01/93 




.0201 




/ 








11/01/93 




.0202 - .0208 






/ 






11/01/93 




.0209 




/ 








11/01/93 




2A .0101 






/ 






12/01/93 




.0102 




/ 








12/01/93 




2B .0101 - .0108 






/ 






10/01/93 




.0110 






/ 






10/01/93 




.0112- .0113 






/ 






10/01/93 




.0114 




/ 








10/01/93 







8:19 



NORTH CAROLINA REGISTER 



January 3, 1994 



1890 



LIST OF RULES CODIFIED 





Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


EfT. 
Date 


Temp. 
Expires 


19A NCAC 2B .0115 - .0118 






/ 






10/01/93 




.0119 




/ 








12/01/93 




.0120 - .0121 






/ 






10/01/93 




.0123 






/ 






10/01/93 




.0125 - .0128 






/ 






10/01/93 




.0129 




/ 








10/01/93 




.0130 






/ 






10/01/93 




.0131 - .0133 




/ 








10/01/93 




.0134- .0137 






/ 






10/01/93 




.0138 - .0139 




/ 








10/01/93 




.0140 






/ 






10/01/93 




.0142 




/ 








10/01/93 




.0143 




/ 








11/01/93 




.0151 






/ 






12/01/93 




.0152 - .0153 




/ 








12/01/93 




.0155 - .0158 




/ 








10/01/93 




.0159 - .0160 






/ 






10/01/93 




.0161 - .0162 




/ 








10/01/93 




.0162 






/ 






12/01/93 




.0164 




/ 








10/01/93 




.0165 










/ 






.0201 




/ 








10/01/93 




.0201 






/ 






12/01/93 




.0203 




/ 








10/01/93 




.0208 




/ 








10/01/93 




.0209 - .0211 






/ 






10/01/93 




.0212 - .0213 




/ 








10/01/93 




.0215 - .0216 




/ 








10/01/93 




.0217 




/ 








11/01/93 




.0218 




/ 








10/01/93 




.0219 






/ 






10/01/93 




.0220 




/ 








10/01/93 




.0221 




/ 








12/01/93 







1891 



8:19 



NORTH CAROLINA REGISTER 



January 3, 1994 



LIST OF RULES CODIFIED 





Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


19A NCAC 2B .0222 - .0223 






/ 






10/01/93 




.0224 - .0225 




/ 








10/01/93 




.0226 






/ 






10/01/93 




.0227 




/ 








10/01/93 




.0228 






/ 






10/01/93 




.0230 






/ 






10/01/93 




.0234 






/ 






10/01/93 




.0236 - .0237 






/ 






10/01/93 




.0432 - .0433 


/ 










10/01/93 




.0441 - .0466 






/ 






10/01/93 




.0501 




/ 








10/01/93 




.0503 - .0504 




/ 








10/01/93 




.0507- .0510 




/ 








10/01/93 




.0513 




/ 








10/01/93 




.0515 




/ 








10/01/93 




.0601 




/ 








10/01/93 




.0604 - .0605 




/ 








10/01/93 




2D .0104 




/ 








12/01/93 




.0201 - .0203 










/ 






.0202 - .0203 




/ 








12/01/93 




.0402 - .0405 




/ 








11/01/93 




.0410 




/ 








11/01/93 




.0414 - .0415 




/ 








11/01/93 




.0417 - .0420 






/ 






11/01/93 




.0421 




/ 








11/01/93 




.0423 - .0425 




/ 








11/01/93 




.0426 - .0429 






/ 






11/01/93 




.0501 - .0503 




/ 








12/01/93 




.0505 




/ 








12/01/93 




.0517- .0521 




/ 








12/01/93 




.0523 - .0524 




/ 








12/01/93 




.0530 




/ 








12/01/93 




.0533 - .0534 




/ 








12/01/93 







8:19 



NORTH CAROLINA REGISTER 



January 3, 1994 



1892 



LIST OF RULES CODIFIED 





Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


19A NCAC 2D .0537 




/ 








12/01/93 




.0539 




/ 








12/01/93 




.0601 




/ 








11/01/93 




.0612 




/ 








11/01/93 




.0618 






/ 






11/01/93 




.0633 




/ 








11/01/93 




.0701 






/ 






10/01/93 




.0702 




/ 








10/01/93 




.0703 






/ 






10/01/93 




.0704 




/ 








10/01/93 




.0706 






/ 






10/01/93 




.0708 - .0709 




/ 








10/01/93 




.0801 - .0803 




/ 








12/01/93 




.0807 




/ 








10/01/93 




.0809 




/ 








10/01/93 




.0811 




/ 








10/01/93 




.0813 - .0820 




/ 








10/01/93 




.0821 




/ 








12/01/93 




.0825 




/ 








10/01/93 




.0827 - .0828 




/ 








10/01/93 




.0829 






/ 






10/01/93 




.0830 


/ 










10/01/93 




.0901 






/ 






12/01/93 




.1001 - .1007 










/ 






.1002 - .1007 




/ 








11/01/93 




.1008 






/ 






11/01/93 




2E .0101 - .0102 




/ 








11/01/93 




.0201 




/ 








12/01/93 




.0202 - .0204 




/ 








11/01/93 




.0205 






/ 






11/01/93 




.0206 - .0215 




/ 








11/01/93 




.0216 - .0223 




/ 








10/01/93 




.0301 




/ 








12/01/93 







1893 



8:19 



NORTH CAROLINA REGISTER 



January 3, 1994 



LIST OF RULES CODIFIED 





Citation 


AD 


AM 


RP 


With 
Ctags 


Corr 


Eff. 
Date 


Temp. 
Expires 


19A NCAC 2E .0302 






/ 






12/01/93 




.0303 




/ 








12/01/93 




.0401 






/ 






11/01/93 




.0403 - .0404 




/ 








11/01/93 




.0417 




/ 








11/01/93 




.0421 




/ 








11/01/93 




.0423 




/ 








11/01/93 




.0426 




/ 








11/01/93 




.0501 - .0502 






/ 






12/01/93 




.0606 






/ 






12/29/93 




.0701 




/ 








12/01/93 




.0801 




/ 








12/01/93 




.0803 - .0804 




/ 








12/01/93 




.0905 




/ 








12/01/93 




3A .0101 






/ 






12/01/93 




.0104 






/ 






12/01/93 




3B .0201 




/ 








12/01/93 




.0403 




/ 








12/01/93 




.0601 




/ 








12/01/93 




.0603 - .0604 




/ 








12/01/93 




.0605 - .0607 






/ 






12/01/93 




.0608 - .0609 




/ 








12/01/93 




.0610 - .0611 






/ 






12/01/93 




.0612 - .0613 




/ 








12/01/93 




.0615 - .0617 




/ 








12/01/93 




.0619 




/ 








12/01/93 




.0701 




/ 








12/01/93 




.0703 - .0704 




/ 








12/01/93 




.0706 




/ 








12/01/93 




.0709 




/ 








12/01/93 




.0716 




/ 








12/01/93 




3C .0101 




/ 








12/01/93 




.0201 - .0202 




/ 








12/01/93 







8:19 



NORTH CAROLINA REGISTER 



January 3, 1994 



1894 



LIST OF RULES CODIFIED 





Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


19A NCAC 3C .0220 - .0222 




/ 








12/01/93 




.0226 




/ 








12/01/93 




.0228 - .0229 




/ 








12/01/93 




.0231 






/ 






12/01/93 




.0233 - .0234 




/ 








12/01/93 




.0236 - .0237 




/ 








12/01/93 




.0301 




/ 








12/01/93 




.0303 - .0305 




/ 








12/01/93 




.0401 






/ 






12/01/93 




.0415 - .0416 






/ 






12/01/93 




.0420 




/ 








12/01/93 




.0424 




/ 








12/01/93 




.0427 




/ 








12/01/93 




.0429 




/ 








12/01/93 




.0520 - .0521 




/ 








12/01/93 




3D .0224 




/ 




/ 




12/01/93 




3E .0302 - .0304 




/ 








12/01/93 




.0401 




/ 








12/01/93 




.0403 




/ 








12/01/93 




3F .0601 - .0602 




/ 








12/01/93 




3G .0101 - .0102 




/ 








12/01/93 




.0203 - .0204 




/ 








12/01/93 




.0209 




/ 








12/01/93 




.0212 




/ 








12/01/93 




.0301 




/ 








12/01/93 




.0401 




/ 








12/01/93 




3H .0201 




/ 








12/01/93 




.0204 - .0205 




/ 








12/01/93 




.0301 




/ 








12/01/93 




31 .0101 - .0102 




/ 








12/01/93 




.0104 




/ 








12/01/93 




.0201 - .0202 




/ 








12/01/93 




.0209 




/ 








12/01/93 







1895 



8:19 



NORTH CAROLINA REGISTER 



January 3, 1994 



LIST OF RULES CODIFIED 





Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


19A NCAC 31 .0210 






/ 






12/01/93 




.0302 - .0303 




/ 








12/01/93 




.0306 - .0307 




/ 








12/01/93 




.0401 




/ 








12/01/93 




.0501 




/ 








12/01/93 




.0506 






/ 






12/01/93 




.0508 






/ 






12/01/93 




.0601 




/ 








12/01/93 




.0702 




/ 








12/01/93 




.0801 - .0803 




/ 








12/01/93 




4A .0001 






/ 






12/01/93 




.0003 






/ 






12/01/93 




.0004 - .0009 




/ 








12/01/93 




4B .0102 - .0105 






/ 






12/01/93 




.0201 - .0203 






/ 






12/01/93 




.0301 - .0305 






/ 






12/01/93 




.0401 - .0406 






/ 






12/01/93 




.0501 - .0504 






/ 






12/01/93 




5B .0101 - .0104 




/ 








12/01/93 




.0105 






/ 






12/01/93 




.0201 - .0204 




/ 








12/01/93 




.0207 - .0208 






/ 






12/01/93 




.0301 




/ 








12/01/93 




.0401 - .0402 






/ 






12/01/93 




.0501 






/ 






12/01/93 




.0504 






/ 






12/01/93 




6A .0001 - .0002 






/ 






12/01/93 




6C .0101 






/ 






12/01/93 




.0108 - .0110 




/ 








12/01/93 




.0112 




/ 








12/01/93 




.0123 - .0127 




/ 








12/01/93 




.0128 






/ 






12/01/93 




.0129 




/ 








12/01/93 







8:19 



NORTH CAROLINA REGISTER 



January 3, 1994 



1896 



LIST OF RULES CODIFIED 





Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


EfT. 
Date 


Temp. 

Expires 


19A NCAC 6C .0130 - .0132 






/ 






12/01/93 




.0133 




/ 








12/01/93 




.0301 




/ 








12/01/93 




.0304 




/ 








12/01/93 




.0403 




/ 








12/01/93 




.0408 




/ 








12/01/93 




.0409 






/ 






12/01/93 




.0501 






/ 






12/01/93 




.0502 - .0503 




/ 








12/01/93 




.0507 






/ 






12/01/93 




.0601 






/ 






12/01/93 




.0703 - .0704 




/ 








12/01/93 




6D .0101 - .0105 






/ 






12/01/93 




.0201 






/ 






12/01/93 




.0202 - .0206 




/ 








12 01/93 





1897 



8:19 



NORTH CAROLINA REGISTER 



January 3, 1994 



RRC OBJECTIONS 



1 he Rules Review Commission (RRC) objected to the following rules in accordance with 
143B-30.2(c). State agencies are required to respond to RRC as provided in G.S. 143B-30.2(d). 



as. 



ADMINISTRATION 

State Employees Combined Campaign 

1 NCAC 35 .0103 - Organization of the Campaign 

Agency Revised Rule 

AGRICULTURE 

North Carolina State Fair 

2 NCAC 20B .0106 - General 

Agency Revised Rule 

COMMERCE 

Banking Commission 

4 NCAC 31 .0305 - Issuance of Certificate of Registration 
Agency Re\>ised Rule 

ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 

Coastal Management 

15 A NCAC 7H .2002 - Approval Procedures 

Agency Responded 

No Action 
15 A NCAC 7H .2004 - General Conditions 

Agency Responded 

No Action 

Environmental Management 

15 A NCAC 2D .0518 - Msc Volatile Organic Compound Emissions 

Agency Rexised Rule 
15A NCAC 2D .0948 - VOC Emissions from Transfer Operations 

Agency Revised Rule 
15 A NCAC 2L .0103 - Policy 

Agency Revised Rule 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 



RRC Objection 
Obj. Removed 



RRC Objection 
Obj. Removed 



RRC Objection 
Obj. Removed 



11/18/93 
11/18/93 



09/17/93 
10/21/93 



10/21/93 
10/21/93 



RRC 


Objection 


09/17/93 


Obj. 


Cont 'd 


10/21/93 


Obj. 


Cont 'd 


11/18/93 


RRC 


Objection 


09/17/93 


Obj. 


Cont'd 


10/21/93 


Obj. 


Cont 'd 


11/18/93 



RRC 


Objection 


11/18/93 


Obj. 


Removed 


11/18/93 


RRC 


Objection 


11/18/93 


Obj. 


Removed 


11/18/93 


RRC 


Objection 


09/17/93 


RRC 


Objection 


09/17/93 


Obj. 


Cont 'd 


10/21/93 




Eff. 


11/04/93 



8:19 



NORTH CAROLINA REGISTER 



January 3, 1994 



1898 



RRC OBJECTIONS 



HUMAN RESOURCES 



Aging 

10 NCAC 22G . 0505 - Staffing 

Agency Revised Rule 
10 NCAC 22G .0506 - Congregate Site Requirements 

Agency Revised Rule 
10 NCAC 22G .0509 - Home-Delivered Meals Standards 

Agency Revised Rule 
10 NCAC 22G .0510 - Congregate Food Requirements 

Agency Revised Rule 
10 NCAC 22G .0514 - Administration Requirements 

Agency Revised Rule 
10 NCAC 22S .0102 - Withdrawal of Area on Aging Designation 

Agency Re\ised Rule 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 



10/21/93 
10/21/93 
10/21/93 
10/21/93 
10/21/93 
10/21/93 
10/21/93 
10/21/93 
10/21/93 
10/21/93 
10/21/93 
10/21/93 



Children's Services 



10 NCAC 41 R .0002 - Administration and Organization 
Agency Responded 
Rule Returned to Agency- 
Agency Filed Rule for Codification Over RRC Objection 



RRC Objection 07/15/93 

Obj. Cont'd 08/20/93 

Obj. Cont'd 09/17/93 

Eff. 10/01/93 



Facility Services 



10 NCAC 3H .0108 - Definitions 
Agency Re\ised Rule 



RRC Objection 10/21/93 
Obj. Removed 10/21/93 



Mental Health: General 

10 NCAC 14A . 1603 recodified as 14U .0303 - Registered Nurse RRC Objection 11/18/93 

Agency Revised Rule Obj. Removed 11/18/93 

10 NCAC 14A .1903 recodified as 14V .0603 - Space Requirements RRC Objection 11/18/93 

Agency Revised Rule Obj. Removed 11/18/93 

10 NCAC 14A .2204 recodified as 14U .0904 - Treatment or Habituation Plan RRC Objection 11/18/93 

Agency Revised Rule Obj. Removed 11/18/93 

10 NCAC 14A .2208 recodified as 14U .0908 - Rel Planning/Res /Inpatient Svcs RRC Objection 11/18/93 

Agency Revised Rule Obj. Removed 11/18/93 

10 NCAC 14A .2304 recodified as 14V .1004 - Testing Services RRC Objection 11/18/93 

Agency Revised Rule Obj. Removed 11/18/93 

10 NCAC 14A . 2404 recodified as 14V .1104- Invol Admin I Psychotropic Med RRC Objection 11/18/93 

Agency Re\ised Rule Obj. Removed 11/18/93 

INSURANCE 

Financial Evaluation Division 



11 NCAC 11H .001 1 - Insolvency or Hazardous Financial Condition 
Agency Rexised Rule 

Special Services Division 

11 NCAC 13 .0318 - Request for Cancellation Notice 



RRC Objection 11/18/93 
Obj. Cont'd 11/18/93 



RRC Objection 11/18/93 



1899 



8:19 



NORTH CAROLINA REGISTER 



January 3, 1994 



RRC OBJECTIONS 



Agency Revised Rule 
JUSTICE 
Criminal Justice Education and Training Standards 

12 NCAC 9A .0107 - Rule-Making and Administrative Hearing Procedures 

Agency Re\>ised Rule 
12 NCAC 9B .0101 - Minimum Standards for Criminal Justice Officers 

Agency Revised Rule 

Private Protective Services 

12 NCAC 7D .0108 - Law Enforcement Officers Special Provisions 

Sheriffs' Education and Training Standards Commission 

12 NCAC 10B . 1003 - Basic Law Enforcement Certificate 
Agency Re\>ised Rule 

LICENSING BOARDS AND COMMISSIONS 

Electrolysis Examiners 

21 NCAC 19 .0604 - Program Directors 

Agency Revised Rule 
21 NCAC 19 .0611 - Identification of Students 

Agency Revised Rule 
21 NCAC 19 .0613 - Student /Teacher Ratio and Equipment 

Agency Revised Rule 

Foresters 



Obj. Removed 11/18/93 



RRC Objection 10/21/93 

Obj. Removed 10/21/93 

RRC Objection 10/21/93 

Obj. Removed 10/21/93 



RRC Objection 1 1 II 8/93 



RRC Objection 1 1 II 8/93 
Obj. Removed 11/18/93 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 



10/21/93 
11/18/93 
10/21/93 
10/21/93 
10/21/93 
11/18/93 



21 NCAC 20 .0020 - Certification of Consulting Foresters 

Agency Revised Rule 
21 NCAC 20 .0021 - Rejection of Consultant Affidavit 

Agency Revised Rule 
21 NCAC 20 .0022 - Handling of Complaints 

Agency Revised Rule 

Plumbing, Heating and Fire Sprinkler Contractors 

21 NCAC 50 .0506 - Minor Repairs and Alterations 
Agency Revised Rule 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 



09/17/93 
10/21/93 
09/17/93 
10/21/93 
09/17/93 
10/21/93 



RRC Objection 10/21/93 
Obj. Removed 10/21/93 



Practicing Psychologists 

21 NCAC 54 .1605 -Fees 
Agency Revised Rule 

Refrigeration Examiners 



RRC Objection 1 1 II 8193 
Obj. Removed 11118/93 



21 NCAC 60 .0101 - Structure of Board 

Agency Repealed Rule 
21 NCAC 60 .0207 - Requirements for Examination Applicants 



RRC Objection 11/18/93 
Obj. Removed 11/18/93 
RRC Objection 1 1 /1 8/93 



8:19 



NORTH CAROLINA REGISTER 



January 3, 1994 



1900 



RRC OBJECTIONS 



Agency Revised Rule 

REVENUE 

Corporate Income and Franchise Tax 

7 7 NCAC 5C . 0904 - The Term Employee 
Agency Repealed Rule 

STATE PERSONNEL 

Office of State Personnel 

25 NCAC ID .0308 - Salary Increases 

Agency Re\>ised Rule 
25 NCAC IE .0301 - Sick Leave Credits 

Agency Revised Rule 
25 NCAC IE .1102 - Maximum Amount 

Agency Revised Rule 
25 NCAC IE . 1105 - Retention of Benefits 

Agency Revised Rule 

TRANSPORTATION 

Departmental Rules 

19A NCAC IB .0202 - Contents of Petition 

Agency Re\'ised Rule 
19 A NCAC IB .0302 - Record of Hearing 

Agency Re\>ised Rule 

Deputy Secretary - Transit, Rail, and Aviation 

19A NCAC 6C .0112 - Allowable Project Costs 

Agency Re\ised Rule 
19 A NCAC 6C .0128 - State Aid to Airports Program Guidance Handbook 

Agency Repealed Rule 

Director of Administration 

19A NCAC 5B .0101 - Fiscal Section Operations 
Agency Revised Rule 

Division of Highways 

19A NCAC 2D .0403 - Use of Dust Allaying Materials 

Agency Revised Rule 
19A NCAC 2D .0404 - Maintenance Within Municipalities 

Agency Re\'ised Rule 
19A NCAC 2D .0405 - Examples of Construction and Maintenance Activities 

Agency Revised Rule 
19 A NCAC 2D .0502 - Ticket Conditions 

Agency Re\'ised Rule 
19A NCAC 2D .0601 - Permits-Authority. Application and Enforcement 

Agency Re\'ised Rule 



Obj. Removed 11/18/93 



RRC Objection 
Obj. Removed 



10/21/93 
10/21/93 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 



11/18/93 
11/18/93 
11/18/93 
11/18/93 
11/18/93 
11/18/93 
11/18/93 
11/18/93 



RRC Objection 10/21/93 

Obj. Removed 10/21/93 

RRC Objection 10/21/93 

Obj. Removed 10/21/93 



RRC Objection 11/18/93 

Obj. Removed 11/18/93 

RRC Objection 11/18/93 

Obj. Removed 11/18/93 



RRC Objection 
Obj. Removed 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 



11/18/93 
11/18/93 



10/21/93 
10/21/93 
10/21/93 
10/21/93 
10/21/93 
10/21/93 
11/18/93 
11/18/93 
10/21/93 
10/21/93 



1901 



8:19 



NORTH CAROLINA REGISTER 



January 3, 1994 



RRC OBJECTIONS 



19A NCAC 2D .0633 - Denial: Revocation: Refusal /Renew: Appeal: Invalidation RRC Objection 10/21/93 

Agency Revised Rule Obj. Removed 10/21/93 

19A NCAC 2D .0801 - Pre -Qualifying to Bid: Requalification RRC Objection 09/17/93 

No Response from Agency Obj. Contd 10/21/93 

Agency Revised Rule Obj. Removed 11/18/93 

19A NCAC 2D .0802 - Invitation to Bid RRC Objection 09/17/93 

No Response from Agency Obj. Contd 10/21/93 

Agency Revised Rule Obj. Removed 11/18/93 

19A NCAC 2D . 0803 - Advertisement and Invitations for Bids RRC Objection 09/1 7/93 

No Response from Agency Obj. Cont'd 10/21/93 

Agency Rexised Rule Obj. Removed 11/18/93 

19A NCAC 2D . 0821 - Return of Bid Bond or Bid Deposit RRC Objection 09/17/93 

No Response from Agency Obj. Contd 10/21/93 

Agency Revised Rule Obj. Removed 11/18/93 

19A NCAC 2E .0404 - Highway Obstructions Interfering/Traffic/Maintenance RRC Objection 10/21/93 

Agency Re\'ised Rule Obj. Removed 10/21/93 

19A NCAC 2E .0606 - Exceptions to the Policy RRC Objection 11/18/93 

Agency Repealed Rule Obj. Removed 11/18/93 



Division of Motor Vehicles 



19 A NCAC 3B .0616 - Approval: Com School: Community College Instructors 

Agency Revised Rule 
19 A NCAC 3B .0620 - Grounds for Re\>ocation or Denial of Certification 
19A NCAC 3B .0621 - Denial ', 'Rewcation: Company Examiner: Instructor Cert. 
19 A NCAC 3C .0223 - Registration: Motor Homes: Etc. 

Rule Returned to Agency for Failure to Comply with APA 
19A NCAC 3C .0436 - Highway Use Tax 
19A NCAC 3C .0521 - Taxicab 

Agency Re\'ised Rule 
19A NCAC 3G .0205 - Issuing of Original Certificate 
19A NCAC 31 .0505 - Confidentiality 



RRC Objection 


11/18/93 


Obj. Removed 


11/18/93 


RRC Objection 


11/18/93 


RRC Objection 


11/18/93 




11/18/93 


RRC Objection 


11/18/93 


RRC Objection 


11/18/93 


Obj. Removed 


11/18/93 


RRC Objection 


11/18/93 


RRC Objection 


11/18/93 



8:19 



NORTH CAROLINA REGISTER 



January 3, 1994 



1902 



RULES INVALIDATED BY JUDICIAL DECISION 



i 



1 his Section of the Register lists the recent decisions issued by the North Carolina Supreme Court, 
Court of Appeals, Superior Court (when available), and the Office of Administrative Hearings which 
invalidate a rule in the North Carolina Administrative Code. 



10 NCAC 261 .0101 - PURPOSE: SCOPE AND NOTICE OF CHANGE IN LEVEL OF CARE 

Thomas R. West, Administrative Law Judge with the Office of Administrative Hearings, declared Rule 10 
NCAC 261 .0101 void as applied in Dorothy McNeil Moore v. N. C Department of Human Resources, Division 
of Medical Assistance (93 DHR 1342). 

10 NCAC 261 .0102 - REQUEST FOR RECONSIDERATION AND RECIPIENT APPEALS 

Thomas R. West, Administrative Law Judge with the Office of Administrative Hearings, declared Rule 10 
NCAC 261 .0102 void as applied in Dorothy McNeil Moore v. N. C Department of Human Resources, Division 
of Medical Assistance (93 DHR 1342). 

10 NCAC 261 .0104 - FORMAL APPEALS 

Thomas R. West, Administrative Law Judge with the Office of Administrative Hearings, declared Rule 10 
NCAC 261 .0104 void as applied in Dorothy McNeil Moore v. N. C. Department of Human Resources, Division 
of Medical Assistance (93 DHR 1342). 



1903 8:19 NORTH CAROLINA REGISTER January 3, 1994 



CONTESTED CASE DECISIONS 



1 his Section contains the full text of some of the more significant Administrative Law Judge decisions 
along with an index to all recent contested cases decisions which are filed under North Carolina 's 
Administrative Procedure Act. Copies of the decisions listed in the index and not published are available 
upon request for a minimal charge by contacting the Office of Administrative Hearings, (919) 733-2698. 



AGENCY 



CASE 
NUMBER 



AL.I 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



ADMINISTRATION 

LMS Express, Inc. v. Administration, Div of Purchase &. Contract 

Stauffer Information Systems v. Community Colleges & Administration 

McLaurin Parking Co. V. Administration 

Warren H. Arrington Jr. v. Division of Purchase & Contract 

Travel, Incorporated v. Administration 

ALCOHOLIC BEVERAGE CONTROL COMMISSION 



92 DOA 0735 


Morgan 


06/04/93 




92 DOA 0803 


West 


06/10/93 


8:7 NCR 613 


92 DOA 1662 


Morrison 


04/02/93 


8:3 NCR 320 


93 DOA 0132 


West 


07/21/93 




93 DOA 0362 


Nesnow 


11/08/93 





Alcoholic Beverage Control Comra. v. Ann Oldham McDowell 
Curtis Ray Lynch v. Alcoholic Beverage Control Comm. 
Alcoholic Beverage Control Comm. v. Ezra Everett Rigsbee 
Alcoholic Beverage Control Comm. v. Partnership, Phillip Owen Edward 
Alcoholic Beverage Control Comm. v. Gary Morgan Neugent 
Alcoholic Beverage Control Comm. v. Azzat Aly Amer 
Alcoholic Beverage Control Comm. v. Kirty Ronald Eldridge 
Alcoholic Beverage Control Comm. v. Gloria Black McDuffie 
Alcoholic Beverage Control Comm. v. Larry Isace Hailstock 
Alcoholic Beverage Control Comm. v. Anthony Ralph Cecchini Jr. 
Johnnie L. Baker v. Alcoholic Beverage Control Commission 
RAMSAC Enterprises, Inc. v. Alcoholic Beverage Control Comm, 
Alcoholic Beverage Control Comm. v. Aubrey Rudolph Wallace 
Alcoholic Beverage Control Comm. v. Mermaid, Inc. 
Alcoholic Beverage Control Comm. v. Majdi Klialid Wahdan 
Cornelius Hines T/A Ebony Lounge v. Alcoholic Beverage Ctl. Comm. 
Alcoholic Beverage Control Comm. v. Homer Patrick Godwin Jr. 
Alcoholic Beverage Control Comm. v. Wanda Lou Ball 
Charles Anthonious Morant v. Alcoholic Beverage Control Comm. 
Alcoholic Beverage Control Comm. v. Billy Fincher MeSwain Jr. 
Jean Hoggard Askew v. Alcoholic Beverage Control Commission 
ABC Comm. v. Partnership /T/A Corrothers Comty Ctr &. Private Club 
Alcoholic Beverage Control Comm. v. James Elwood Alphin 
Alcoholic Beverage Control Comm. v. James William Campbell 
Alcoholic Beverage Control Comm. v. Sydner Jan Mulder 
Barbara Locklear v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Comm. v. Partnership, T/A Hawk's Landing 
Alcoholic Beverage Control Com. v. Thomas Andrew Reid 
Zaehary Andre Jones v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Comm. v. Mack Ray Chapman 
Alcoholic Beverage Control Comm. v. Bistro Enterprises, Inc. 
Alcoholic Beverage Control Comm. v. Richard Donald James Jr. 
Alcoholic Beverage Control Comm. v. George Oliver O'Neal HI 
Alcoholic Beverage Control Comm. v. The Sideline of Wilmington, Inc. 
William Vernon Franklin &. Gene Carroll Daniels v. ABC Commission 
Alcoholic Beverage Control Comm. v. Joseph Adu 
Alcoholic Beverage Control Comm. v. Citizens Fuel Company 
Alcoholic Beverage Control Comm. v. Citizens Fuel Company 
Alcoholic Beverage Control Comm. v. Mohammad Salim Pirini 
Linda R. Cunningham v. Alcoholic Beverage Control Commission 
Charles Edward Hare, Club Paradise v. Alcoholic Beverage Ctl. Comm. 
Alcoholic Beverage Control Comm. v. Katherine Mary Dufresne 
Alcoholic Beverage Control Comm. v. Jerome Hill T/A Corner Pocket 
Venus L. Smith v. Alcoholic Beverage Control Commission 
Alcohlic Beverage Control Comm. v. Partnership t/a RJ's Store 
Alcoholic Bev. Control Comm. v. Mild &. Wild, Inc., Sheila Scholz 



92 ABC 0260 


Morgan 


04/01/93 




92 ABC 0288 


Gray 


05/18/93 




92 ABC 0702 


West 


07/30/93 




92 ABC 0978 


Gray 


05/28/93 




92 ABC 1086 


Becton 


03/22/93 




92 ABC 1149 


Reilly 


09/01/93 




92 ABC 1153 


Chess 


04/26/93 




92 ABC 1476 


West 


05/26/93 




92 ABC 1483 


Rerlly 


04/07/93 




92 ABC 1690 


Morgan 


06/29/93 




92 ABC 1735 


Chess 


05/07/93 




93 ABC 0002 


Morrison 


07/02/93 




93 ABC 0047 


Gray 


05/28/93 




93 ABC 0076 


Gray 


08/04/93 




93 ABC 0087 


Becton 


07/06/93 


8:9 NCR 785 


93 ABC 0118 


Morrison 


08/04/93 




93 ABC 0125 


Reilly 


05/13/93 




93 ABC 0182 


Nesnow 


07/29/93 




93 ABC 0232 


Chess 


07/20/93 




93 ABC 0239 


Gray 


08/26/93 




93 ABC 0255 


West 


09/10/93 




93 ABC 0318 


Reilly 


07/22/93 




93 ABC 0326 


Gray 


08/26/93 




93 ABC 0327 


Gray 


08/09/93 




93 ABC 0354 


Morgan 


11/10/93 


8:17 NCR 1712 


93 ABC 0395 


West 


09/14/93 




93 ABC 0407 


Becton 


10/18/93 




93 ABC 0408 


Gray 


11/01/93 




93 ABC 0421 


West 


09/13/93 




93 ABC 0423 


Gray 


09/17/93 




93 ABC 0430 


Reilly 


10/07/93 




93 ABC 0431 


Nesnow 


09/01/93 




93 ABC 0433 


Morgan 


11/01/93 


8:16 NCR 1553 


93 ABC 0462 


Becton 


10/27/93 




93 ABC 0570 


Reilly 


09/17/93 




93 ABC 0601 


Nesnow 


10/28/93 


8:16 NCR 1560 


93 ABC 0611 


West 


10/12/93 




93 ABC 0613 


West 


10/11/93 




93 ABC 0616 


West 


10/13/93 




93 ABC 0633 


Morrison 


11/03/93 




93 ABC 0644 


Gray 


08/10/93 




93 ABC 0667 


Reilly 


12/13/93 




93 ABC 0672 


Gray 


11/23/93 




93 ABC 0701 


Becton 


12/08/93 




93 ABC 0860 


Mann 


09/29/93 




93 ABC 1475 


Nesnow 


03/23/93 





8:19 



NORTH CAROLINA REGISTER 



January 3, 1994 



1904 



CONTESTED CASE DECISIONS 



AGENCY 



COMMERCE 

Lester Moore v. Weatheriration Assistance Program 

CRIME CONTROL AND PUBLIC SAFETY 

George W. Pay lor v. Crime Victims Compensation Comm. 
Steven A. Barner v. Crime Victims Compensation Comm. 
Anthony L. Hart v. Victims Compensation Comm. 
Jennifer Ayers v. Crime Victims Compensation Comm. 
Janie L. Howard v. Crime Victims Compensation Comm. 
Isabelle Hyman v. Crime Victims Compensation Comm. 
James G. Pellom v. Crime Control &. Public Safety 
Norman E. Brown v. Victims Compensation Commission 
Moses H. Cone Mem Hosp v. Victims Compensation Comm. 
David & Jane Spano v. Crime Control Sl Public Safety 
Phillip Edward Moore v. Crime Control &. Public Safety 
Norma Jean Purkett v. Crime Victims Compensation Comm. 
Sheila Carter v. Crime Control and Public Safety 
John Willie Leach v. Crime Victims Compensation Comm. 
Nellie R. Mangum v. Crime Victims Compensation Comm. 
Constance Brown v. Crime Victims Compensation Comm. 
Susan Coy v. Crime Victims Compensation Commission 

EMPLOYMENT SECURITY COMMISSION 

William H. Peace HI v. Employment Security Commission 

ENVIRONMENT, HEALTH. AND NATURAL RESOURCES 

Charles L. Wilson v. Environment, Health, & Natural Resources 
J. Bruce Mulligan v. Environment, Health, & Natrual Resources 
Calvin BIythe Davis &. George Thomas Davis v. EHR 
Michael D. Barnes v. Onslow Cty Hlth &. Environment and EHR 
William E. Finck v. Environment, Health, &. Natural Resources 
Utley C. Stallings v. Environment, Health, & Natural Resources 
Dora Mae Blount on behalf of Joseph T. Midgette v. Hyde Cty 

Bd/Commissioneis, Hyde Cty Bd/Health, &. Environment, 

Health, & Natural Resources 
A.J. Ballard Jr., Tire & Oil Co., Inc. v. Env., Health, & Nat. Res. 
Safeway Removal, Inc. v. Environment, Health, & Natural Res. 
White Oak Chapter of the Izaak Walton League, Inc., and 

National Parks and Conservation Association, Inc. v. 

Division of Solid Waste Management, EHR and Haywood County 
Southehem, Inc. v. Environment, Health, & Natural Resources 
Elizabeth City /Pisquo tank Cty Mun Airport Auth v. EHNR 
W.E. Moulton & Wife, Evelyn Moulton v. Macon County Health Dept. 
Interstate Brands Corp & Donald Letfew v. Env., Health, &. Nat. Res. 
Service Oil Company v. Environment, Health, &. Natural Resources 
Interstate Brands Corp & Donald Letfew v. Env., Health, & Nat. Res. 
Residents of Camm &. Shell v. Health Environmental - Septic Tank Div. 
City of Salisbury v. Environment, Health, &, Natural Resources 
Willie M. Watford v. Hertford Gates District Health Department 
Standard Speciality Contractors, Inc. v. EHNR 
Shawqi A. Jaber v. Environment, Health, &. Natural Resources 
McLeod Leather & Belting Co., Inc. v. Env., Health, & Natural Res. 
Angela Power, Albert Power v. Children's Special Health Svcs. 
Rayco Utilities. Inc. v. Environment, Health, &. Natural Resources 
Erby Lamar Grainger v. Environment, Health, & Natural Resources 
Mustafa E. Essa v. Environment. Health, & Natural Resources 
A.J. Holt v. Public Water Supply Section, Div. of Environmental Health 
Charlie Garheld McPherson Swine Farm v. Env., Health, &. Nat. Res. 
Keith Cutler, Kathryn Cutler v. Environment, Health, & Natural Res. 
Rosetta Brimage, Vanessa Pack v. Env. Health of Craven County 



CASE 
NUMBER 



93 COM 0105 



ALJ 



Gray 



DATE OF 
DECISION 



03/08/93 



PUBLISIDiD DECISION 
REGISTER CITATION 



91 EEO0536 



Che 



10/12/93 



i 



91 CPS 1286 


Morgan 


04/27/93 




92 CPS 0453 


Nesnow 


06/01/93 




92 CPS 0937 


Chess 


03/01/93 




92 CPS 1195 


Reilly 


03/19/93 




92 CPS 1787 


Reilly 


03/26/93 




92 CPS 1807 


Morrison 


05/24/93 




93 CPS 0034 


Gray 


05/05/93 




93 CPS 0141 


West 


07/07/93 




93 CPS 0152 


Nesnow 


04/02/93 


8:3 NCR 327 


93 CPS 0160 


Nesnow 


07/30/93 


8:10 NCR 862 


93 CPS 0169 


Nesnow 


05/20/93 




93 CPS 0205 


West 


08/27/93 


8:12 NCR 1171 


93 CPS 0249 


Morgan 


08/25/93 




93 CPS 0263 


Morrison 


05/20/93 




93 CPS 0303 


Morrison 


06/08/93 




93 CPS 0351 


Reilly 


05/24/93 




93 CPS 0623 


Reilly 


09/22/93 





8:19 NCR 1914 



91 EHR 0664 


Morgan 


03/23/93 




91 EHR 0773 


West 


07/13/93 




9 1 EHR 0794 


Morrison 


12/02/93 




91 EHR 0825 


Morgan 


06/21/93 




92 EHR 0040 


Gray 


06/14/93 




92 EHR 0062 


Gray 


03/15/93 




92 EHR 0400 


Gray 


10/15/93 




92 EHR 0754 


Nesnow 


08/30/93 




92 EHR 0826 


West 


03/12/93 


8:1 NCR 83 


92 EHR 0881 


West 


09/14/93 




92 EHR 0925 


Chess 


11/08/93 




92 EHR 1140 


Gray 


04/13/93 




92 EHR 1144 


Morgan 


11/15/93 




92 EHR 1201*" 


Reilly 


08/12/93 




92 EHR 1205 


Reilly 


05/27/93 




92 EHR 1224*" 


Reilly 


08/12/93 




92 EHR 1462 


Morrison 


08/25/93 




92 EHR 1472 


Morrison 


04/22/93 




92 EHR 1600 


Chess 


03/24/93 




92 EHR 1660 


Reilly 


05/21/93 




92 EHR 1784 


Beeton 


07/07/93 




93 EHR 0003 


Morgan 


10/11/93 


8:15 NCR 1503 


93 EHR 0008 


Becton 


03/24/93 




93 EHR 0063 


Morrison 


09/17/93 




93 EHR 0071 


Reilly 


06/21/93 




93 EHR 0146 


Gray 


03/29/93 




93 EHR 0168 


West 


10/25/93 




93 EHR 0181 


Reilly 


07/23/93 


8:10 NCR 870 


93 EHR 0185 


Morrison 


10/20/93 




93 EHR 0206 


Nesnow 


05/20/93 





* Consolidated cases. 



1905 



8:19 



NORTH CAROLINA REGISTER 



January 3, 1994 



CONTESTED CASE DECISIONS 



AGENCY 



R.L. Stowe Mills, Inc. v. Environment, Health, & Natural Resources 

O.C. Stafford/Larry Haney v. Montgomery Cty. Health Dept. 

Patricia Y. Marshall v. Montgomery Cty Health Dept. & EHR 

Fred M. Grooms v. Environment, Health, &. Natural Resources 

Bobby Anderson v. Environment, Health, &. Natural Resources 

Shell Bros. Dist., Inc. v. Environment, Health, & Natural Resources 

Fred C. Gosnell & wife, Patricia T. Gosnell v. Env., Health, &. Nat. Res. 

Holding Bros., Inc. v. Environment, Health, & Natural Resources 

Tony Tomson, Diane Clase & William J. Stevenson v. EHR 

Tony Tomson, Diane Clase & William J. Stevenson v. EHR 

Hamilton Beach/Proctor-Silex, Inc. v. Environment, Health, & Natrl Res 

Tim Whitfield v. Environment, Health, & Natural Resources 

Tony Worrell v. Environment, Health, & Natural Resources 

L. Terry Fuqua v. Environment, Health, & Natural Resources 

Seth B. Gaskill Jr. v. N.C. Coastal Resources Commission 

Richard L. Goodman v. Environment, Health, & Natural Resources 

Monroe Gaskill v. DEHNR-Div. of Coastal Management 

Lanny Clifton, Soufhwind Dev. , Co. v. Div. of Environmental Mgmt. 

Blue Ridge Env. Defense League, Inc. v. Env., Health, & Natrl Res 



CASE 




DATE OF 


PUBLISHED DECISION 


NUMBER 


ALJ 


DECISION 


REGISTER CITATION 


93 EHR 0219 


Morrison 


08/11/93 


8:11 NCR 996 


93 EHR 0224 


Gray 


06/07/93 




93 EHR 0252 


Gray 


10/22/93 




93 EHR 0276 


West 


08/27/93 


8:12 NCR 1176 


93 EHR 0299 


Reilly 


06/07/93 




93 EHR 0308 


Becton 


05/18/93 




93 EHR 0340 


Bee ton 


08/11/93 




93 EHR 0380 


Nesnow 


08/03/93 


8:11 NCR 1001 


93 EHR 0466* 12 


Reilly 


11/30/93 




93 EHR 0467* 12 


Reilly 


11/30/93 




93 EHR 0477 


Reilly 


06/29/93 




93 EHR 0520 


Gray 


12/16/93 




93 EHR 0587 


Morgan 


11/08/93 




93 EHR 0624 


Reilly 


11/08/93 




93 EHR 0635 


Nesnow 


11/18/93 




93 EHR 0783 


Reilly 


11/24/93 




93 EHR 0802 


Chess 


10/13/93 




93 EHR 0848 


Becton 


10/20/93 




93 EHR 0862 


Nesnow 


10/11/93 





HUMAN RELATIONS COMMISSION 



Human Relations Comm. on behalf of Tyrone Clark v. Myrtle Wilson 92 HRC 0560 Becton 09/07/93 

Human Relations Comm. on behalf of Marsha Crisco v. Hayden Morrison 93 HRC 0167 Reilly 08/18/93 



:13 NCR 1287 
:12 NCR 1168 



HUMAN RESOURCES 



O.C. Williams v. Human Resources 

Ronald Terry Brown v. Human Resources 

Dennis K. King v. Human Resources 

Cathy Harris, A/K/A Cathy D. Grubb v. Human Resources 

Raymond L. Griffin v. Human Resources 

O.C. Williams v. Human Resources 

Michael L. Ray v. Human Resources 

Randy Chambliss v. Human Resources 

Melvin White v. Human Resources 

Joseph R. Kavaliauskas Jr. v. Human Resources 

Larry D. Boyd v. Human Resources 

Jefferson D. Boylen v. Human Resources 

Jeffery D. Williams v. Human Resources 

Jerry L. Summers v. Human Resources 

Samuel E. Massenberg Jr. v. Human Resources 

William A. Dixon v. Human Resources 

Gregory L. Washington v. Human Resources 

Edwin Clarke v. Human Resources 

Dwayne Allen v. Human Resources 

Edwin Ivester v. Human Resources 

Connie F. Epps, Otis Junior Epps v. Human Resources 

Tyrone Aiken v. Human Resources 

Everett M. Eaton v. Human Resources 

Eugene Johnson v. Human Resources 

Edward E. Brandon v. Human Resources 

James Sisk Jr. v. Human Resources 

Thomas M. Birdwell EQ v. Human Resources 

Darrell W. Russell v. Human Resources 

John Henry Byrd v. Human Resources 

Aaron James Alford v. Human Resources 

Michelle D. Mobley v. Human Resources 

Gus W Long Jr. v. Human Resources 

Robert E. Watson v. Human Resources 

Connell R. Goodson v. Human Resources 

Byron Christopher Williams v. Human Resources 

Elijah G. Deanes v. Human Resources 

James W Bell v. Human Resources 

Charles W Stall Jr. v. Human Resources 

William A. Wilson HI v. Human Resources 

Eric Stanley Stokes v. Human Resources 

Clayton L. Littleton v. Human Resources 



91 CSE 
91 CSE 
91 CSE 
91 CSE 
91 CSE 
91 CSE 
91 CSE 
91 CSE 
91 CSE 
91 CSE 
91 CSE 
91 CSE 
91 CSE 
91 CSE 
91 CSE 

91 CSE 

92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 



0036* 2 

0249 

1122 

1131 

1148 

1158* 2 

1173 

1187 

1192 

1204 

1214 

1217 

1231 

1234 

1249 

1277 

0075 

0129 

0196 

0268 

1182 

1217 

1221 

1229 

1237 

1238 

1240 

1249 

1250 

1253 

1256 

1263 

1265 

1267 

1270 

1273 

1311 

1313 

1315 

1316* 3 

1317 



Morgan 

Morgan 

Morgan 

Morgan 

Morgan 

Morgan 

Morgan 

Morgan 

Morgan 

Morgan 

Morgan 

Morgan 

Morgan 

Morgan 

Morgan 

Morrison 

Morgan 

Morgan 

Morgan 

Nesnow 

Reilly 

Gray 

Reilly 

Nesnow 

Gray 

Reilly 

Reilly 

Becton 

Reilly 

Becton 

Nesnow 

Gray 

Reilly 

Gray 

Nesnow 

Nesnow 

Nesnow 

Mann 

Reilly 

Reilly 

Morrison 



03/30/93 
05/17/93 
07/28/93 
08/24/93 
08/24/93 
03/30/93 
05/17/93 
04/28/93 
05/17/93 
07/29/93 
08/24/93 
05/17/93 
04/28/93 
07/28/93 
05/17/93 
03/04/93 
04/01/93 
05/17/93 
03/31/93 
03/30/93 
07/22/93 
06/17/93 
07/27/93 
11/16/93 
04/16/93 
11/17/93 
12/09/93 
04/20/93 
06/04/93 
12/06/93 
04/15/93 
08/16/93 
05/06/93 
12/07/93 
04/26/93 
11/17/93 
05/10/93 
07/06/93 
12/07/93 
03/25/93 
09/02/93 



8:19 



NORTH CAROLINA REGISTER 



January 3, 1994 



1906 



CONTESTED CASE DECISIONS 



AGENCY 



Frank E. Johnson V. Human Resources 
David Rollins v. Human Resources 
Willie Sam Brown v. Human Resources 
L\ndell Greene v. Human Resources 
Charles Swann v. Human Resources 
Joe B. Rcece v. Human Resources 
Michael Anthony Dean v. Human Resources 
Gregory W. Alford v. Human Resources 
Leroy Snuggs v. Human Resources 
James P. Miller III v. Human Resources 
Herbert H. Fordham v. Human Resources 
Jack Dulq V. Human Resources 
Jesse B. Williams v. Human Resources 
Johnny Victor Dehity v. Human Resources 
Larry L- Crowder v. Human Resources 
Carlos Bernard Davis v. Human Resources 
Ocie C. Williams v. Human Resources 
Terrance Freeman v. Human Resources 
Floyd Excell Stafford v. Human Resources 
Timothy Brian Eller v. Human Resources 
Charles S. Ferrer v. Human Resources 
Ronald H. L-ockJey v. Human Resources 
Rene Thomas Rittenhouse v. Human Resources 
Thomas Edward Williamson v. Human Resources 
Roy Chester Robinson v. Human Resources 
Lynwc-od McClinton v. Human Resources 
Timothy Scott Long v. Human Resources 
Kenneth Lamar Massey v. Human Resources 
David W. Williams v. Human Resources 
William E. Ingram v. Human Resources 
Harold R. Pledger v. Human Resources 
Kenneth Wayne Wggins v. Human Resources 
Carl Beard v. Human Resources 
Henry Alston Jr. v. Human Resources 
Gary Lewis Doster v. Human Resources 
Raymond L. Head v. Human Resources 
Mark R. Charles v. Human Resources 
Michael W. Bentley v. Human Resources 
Robert D. Knoll Jr. v. Human Resources 
Dale Robert Stuhre v. Human Resources 
James T. Carter Jr. v. Human Resources 
Tommy Malone v. Human Resources 
James C. Dixon Jr. v. Human Resources 
Timothy R. Currence v. Human Resources 
Wardell Walker v. Human Resources 
Wallace M. Cooper v. Human Resources 
Jarvis N. Price v. Human Resources 
Thomas L. Yates v. Human Resources 
Clearnce Ray Taylor v. Human Resources 
Robert E. Tarlton Sr. v. Human Resources 
Rodney Devard Clemons v. Human Resources 
James A. Coleman v. Human Resources 
Lee Richard Jones v. Human Resources 
Romeo F Skapple v. Human Resources 
Terrial W. Mayberry v. Human Resources 
Jeffrey L. Garrett v. Human Resources 
Edward Kirk v. Human Resources 
William C. Hubbard v. Human Resources 
William Michael Przybysz v. Human Resources 
Kevin Keith Witmore v. Human Resources 
George A. Rinell v. Human Resources 
Edward Fitch v. Human Resources 
David Robinett v. Human Resources 
Harvey H. Boyd v. Human Resources 
Kit C. Elmore v. Human Resources 
Brian C. Gilmore v. Human Resources 
Philip S. Piercy v. Human Resources 
Anlhonv McLaughlin v. Human Resources 



CASE 
NUMBER 



92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 



1326 
1334 
1338 
1346 
1347 
1355 
1356 
1358 
1360 
1361 
1362 
1374 
1389 
1393 
1396 
1404 
1405 
1411 
1412 
1414 
1416 
1418 
1421 
1422 
1423 
1424 
1445 
1447 
1448 
1450 
1455 
1458 
1459 
1460 
1461 
1510 
1511 
1512 
1515 
1516 
1517 
1520 
1522 
1523 
1524 
1527 
1531 
1535 
1538 
1536 
1539 
1540 
1541 
1545 
1546 
1557 
1560 
1562 
1565 
1566 
1569 
1572 
1573 
1574 
1575 
1576 
1577 
15S2 



ALJ 



Reilly 

Morrison 

Morrison 

Nesnow 

West 

Mann 

Morrison 

Gray 

Morrison 

Gray 

Nesnow 

Gray 

Nesnow 

Mann 

Reilly 

Reilly 

Mann 

Mann 

Reilly 

Reilly 

Mann 

Ne>now 

Nesnow 

Reilly 

Reilly 

Reilly 

Becton 

Reilly 

Nesnow 

Reilly 

Morrison 

Gray 

Reilly 

Becton 

Morrison 

Mann 

Becton 

Nesnow 

Nesnow 

Reilly 

Mann 

Mann 

Becton 

Reilly 

Reilly 

Reilly 

Morrison 

Gray 

Morrison 

Gray 

Gray 

Reilly 

Reilly 

Gray 

Reilly 

Gray 

Gray 7 

Mann 

Becton 

Reilh 

Gray 

Reilly 

Mann 

Reilly 

Gray 

Gray 

Gray 

Gray 



DATE OF 
DECISION 



08/16/93 
05/06/93 
09/15/93 
04/16/93 
09/16/93 
10/12/93 
08/13/93 
10/18/93 
04/15/93 
04/16/93 
07/19/93 
07/16/93 
10/12/93 
11/15/93 
04/15/93 
04/15/93 
06/25/93 
06/07/93 
08/31/93 
04/20/93 
04/15/93 
04/20/93 
04/20/93 
04/20/93 
04/15/93 
09/15/93 
06/29/93 
12/07/93 
07/19/93 
04/15/93 
05/20/93 
12/13/93 
09/08/93 
06/29/93 
10/21/93 
11/18/93 
11/17/93 
06/09/93 
11/17/93 
05/11/93 
08/31/93 
05/07/93 
05/11/93 
09/09/93 
10/12/93 
05/11/93 
05/12/93 
05/10/93 
11/18/93 
05/17/93 
05/10/93 
05/11/93 
09/08/93 
04/26/93 
10/12/93 
04/22/93 
06/29/93 
05/12/93 
07/23/93 
11/01/93 
12/09/93 
05/11/93 
07/14/93 
12/09/93 
07/16/93 
04/26/93 
07/16/93 
06/29/93 



PUBLISHED DECISION 
REGISTER CITATION 



i 



i 



1907 



8:19 



NORTH CAROLINA REGISTER 



January 3, 1994 



CONTESTED CASE DECISIONS 



AGENCY 



Johnny W. Cooke v. Human Resources 
Roland L. Essaff v. Human Resources 
Isaac Maxwell v. Human Resources 
Donald J. Ray v. Human Resources 
Barbara A. Chaperon v. Human Resources 
Kenneth Eugene Johnson v. Human Resources 
Derrick Carter v. Human Resources 
Charles Wayne Pierce v. Human Resources 
Gregory L. Vernoy v. Human Resources 
Donna G. Knotts v. Human Resources 
Robert Jerome Sutton v. Human Resources 
Donald R. Williams v. Human Resources 
McKinley Clyburn v. Human Resources 
Henry L. Taylor v. Human Resources 
Tony Thorpe v. Human Resources 
Jeffery D. Williams v. Human Resources 
Ronald Sowell v. Human Resources 
Billy Smith v. Human Resources 
Rawn Weigel v. Human Resources 
Anthony Curry v. Human Resources 
John G. Williams v. Human Resources 
Larry W. Golden v. Human Resources 
William J. Carter v. Human Resources 
Mark W Dean v. Human Resources 
Linda D. McDonald v. Human Resources 
Tyrone Thomas v. Human Resources 
Rilton E. May v. Human Resources 
Milton Kendricks v. Human Resources 
Joe K. Martin v. Human Resources 
Eric Stanley Stokes v. Human Resources 
Erskin J. Thompson v. Human Resources 
Larry Thompson v. Human Resources 
Billie J. Smith v. Human Resources 
Patrick Floyd v. Human Resources 
James Eric Frost v. Human Resources 
Dennis W. Nolan v. Human Resources 
Eric L. Garland v. Human Resources 
Ira Alston Jr. v. Human Resources 
Elvis Bernard Telfair v. Human Resources 
Ronald G. Bolden v. Human Resources 
Rodney H. Allen, MD v. Human Resources 
Donnell E. Byrd v. Human Resources 
Marvin Holley v. Human Resources 
Eddie Short v. Human Resources 
Michael Tywan Marsh v. Human Resources 
Leroy Jones v. Human Resources 
Antonio M. Townsend v. Human Resources 
Kevin J. Close v. Human Resources 
Norman Gatewood v. Human Resources 
Thadius Bonapart v. Human Resources 
Ronald Norman v. Human Resources 
Joseph Eric Lewis v. Human Resources 
Ronald Dean Lowery v. Human Resources 
Tamera S. Hatfield v. Human Resources 
Michael Wayne Bryant v. Human Resources 
James E. Blakney v. Human Resources 
E. Burt Davis Jr. v. Human Resources 
Nelson Fowler Jr. v. Human Resources 
Oswinn Blue v. Human Resources 
Charles E. Whiteley v. Human Resources 
Kelvin D. Jackson v. Human Resources 
Linwood Staton v. Human Resources 
Anthony Watson v. Human Resources 
Eugene Polk v. Human Resources 
Steve R. Tallent v. Human Resources 
Charles A. Morgan v. Human Resources 
Glenda K. Hollifield v. Human Resources 
Quinton Brickhouse v. Human Resources 



CASE 




DATE OF 


NUMBER 


AL.1 


DECISION 


92CSE 


1585 


Becton 


05/11/93 


92CSE 


1588 


Morrison 


07/26/93 


92CSE 


1589 


Reilly 


04/26/93 


92 CSE 


1592 


Mann 


05/19/93 


92 CSE 


1593 


Mann 


10/13/93 


92 CSE 


1594 


Rcilly 


11/01/93 


92 CSE 


1595 


Gray 


11/17/93 


92 CSE 


1596 


Morrison 


07/14/93 


92 CSE 


1610 


Gray 


11/09/93 


92 CSE 


1611 


Morrison 


07/16/93 


92 CSE 


1618 


Chess 


10/12/93 


92 CSE 


1622 


Nesnow 


08/04/93 


92 CSE 


1623 


Morrison 


05/20/93 


92 CSE 


1624 


Mann 


09/15/93 


92 CSE 


1625 


Chess 


07/15/93 


92 CSE 


1626 


Mann 


05/19/93 


92 CSE 


1627 


Rcilly 


07/19/93 


92 CSE 


1629 


Reilly 


03/25/93 


92 CSE 


1630 


Mann 


11/18/93 


92 CSE 


1631 


Reilly 


03/25/93 


92 CSE 


1632 


Mann 


08/10/93 


92 CSE 


1633 


Reilly 


03/25/93 


92 CSE 


1637 


Nesnow 


05/19/93 


92 CSE 1638 


Reilly 


07/15/93 


92 CSE 


1639 


Gray 


10/19/93 


92 CSE 1640 


Mann 


07/22/93 


92 CSE 


1642 


Morgan 


07/29/93 


92 CSE 


1647 


Gray 


12/07/93 


92 CSE 


1650 


Reilly 


09/10/93 


92 CSE 1652*' 


Reilly 


03/25/93 


92 CSE 


1653 


Gray 


11/17/93 


92 CSE 


1655 


Reilly 


07/22/93 


92 CSE 


1656 


Gray 


07/23/93 


92 CSE 


1663 


Reilly 


05/20/93 


92 CSE 


1669 


Mann 


11/18/93 


92 CSE 


1670 


Morrison 


06/25/93 


92 CSE 


1671 


Mann 


07/22/93 


92 CSE 


1703 


Becton 


06/16/93 


92 CSE 


1704 


Reilly 


09/15/93 


92 CSE 


1706 


Mann 


06/25/93 


92 CSE 


1707 


Morrison 


11/18/93 


92 CSE 


1712 


Chess 


10/22/93 


92 CSE 


1713 


Mann 


06/08/93 


92 CSE 1714 


West 


07/15/93 


92 CSE 


1716 


Gray 


06/17/93 


92 CSE 


1718 


Gray 


06/17/93 


92 CSE 


1721 


Chess 


08/30/93 


92 CSE 


1727 


Chess 


08/30/93 


92 CSE 


1728 


Chess 


10/22/93 


92 CSE 


1740 


Chess 


09/21/93 


92 CSE 


1746 


Chess 


10/14/93 


92 CSE 


1748 


Becton 


08/02/93 


92 CSE 


1771 


West 


07/15/93 


92 CSE 


1772 


Chess 


08/30/93 


92 CSE 


1773 


Chess 


10/22/93 


92 CSE 


1779 


Nesnow 


05/13/93 


92 CSE 


1780 


Gray 


11/17/93 


93 CSE 0050 


Chess 


10/18/93 


93 CSE 0073 


Chess 


08/03/93 


93 CSE 0183 


Becton 


11/10/93 


93 CSE 0221 


West 


08/04/93 


93 CSE 0250 


Nesnow 


08/13/93 


93 CSE 0396 


Nesnow 


08/04/93 


93 CSE 0437 


Chess 


08/11/93 


93 CSE 0448 


West 


10/29/93 


93 CSE 0518 


West 


11/09/93 


93 CSE 0545 


West 


10/11/93 


93 CSE 0576 


Gray 


11/17/93 



PUBLISHED DECISION 
REGISTER CITATION 



8:19 



NORTH CAROLINA REGISTER 



January 3, 1994 



1908 



CONTESTED CASE DECISIONS 



AGENCY 



Kenneth W. Williams v. Human Resources 

Charles Thompson Jr. v. Human Resources 

Barbara W. Catlett v. Human Resources 

Laurel Langford v. Human Resources 

Ida Diane Davis v. Human Resources 

Hatsuko Klein v. Human Resources 

Karen Mullins Martin v. Human Resources 

Ora Lee Brinkley v. David T. Flaherty, Secretary of Human Resources 

Leon Barbee v. Human Resources 

Carrolton of Dunn, Inc. v. Human Resources 

Dialysis Care of North Carolina, Inc., d/b/a Dialysis Care of 
Cumberland County v. Human Resources, Division of Facility 
Services, Certificate of Need Section, and Bio-Medical 
Applications of Fayetteville d/b/a Fayetteville Kidney Center, 
Webb-Lohaviehan-Mclton Rentals, Bio-Medical Applications 
of North Carolina, Inc., d/b/a BMA of Raeford and Webb- 
Lohavichan Rentals 

Dialysis Care of North Carolina, Inc., d/b/a Dialysis Care of 
Cumberland County v. Human Resources, Division of Facility- 
Services, Certificate of Need Section, and Bio-Medical 
Applications of Fayetteville d/b/a Fayetteville Kidney Center, 
Webb-Lohavichan-Melton Rentals, Bio-Medical Applications 
of North Carolina, Inc., d/b/a BMA of Raeford and Wehh- 
Lohavichan Rentals 

Bio-Medical Applications of North Carolina, Inc., d/b/a BMA 
of Raeford, Webb-Lohavichan-Mellon Rentals, Bio-Medical 
Applications of North Carolina, Inc., d/b/a BMA of Fayetteville 
d/b/a Fayetteville Kidney Center and Webb-Lohaviehan Rentals 
v. Human Resources, Division of Facility Services, Certificate of 
Need Section and Dialysis Care of North Carolina, Inc., d/b/a 
Dialysis Care of Hoke County 

Renal Care of Rocky Mount, Inc. v. Human Resources, Division of 
Facility Services, Certificate of Need Section, and Bio-Medical 
Applications of North Carolina, Inc., d/b/a BMA of Tarboro, 
Rocky Mount Nephrology Associates, Inc., Bio-Medical 
Applications of North Carolina, Inc., d/b/a BMA of Rocky Mount 
d/b/a Rocky Mount Kidney Center, and Rocky Mount Kidney Center 
Associates 

James H. Hunt Jr. v. Division of Medical Assistance 

Barbara Jones v. Human Resources 

Joyce P. Williams v. Human Resources 

Snoopy Day Care, Diane Hamby v. Child Day Care Licensing 

Cynthia Reed v. Human Resources 

The Neighborhood Center v. Human Resources 

Helm's Rest Home, Ron J. Schimpf/Edith H. Wilson v. Human Resources 

Jo Ann Kinsey v. NC Memorial Hospital Betty Hutton, Volunteer Svc. 

Amy Clara Williamson v. NC Mem Hosp Betty Hutton, Volunteer Svc. 

Betty Butler v. Human Resources 

Wayne Sanders and Brenda Sanders v. Human Resources 

Britthaven, Inc. v. Human Resources & Valdese Nursing Home, Inc. 

Samuel Benson v. Office of Admin. Hearings for Medicaid 

James W. McCall, Alice V. McCall v. Human Resources 

Vernice Whisnant v. Human Resources 

Nell Brooks v. Child Day Care Section, Cherokee Cty Dept/Social Svcs 

Cabarrus Cty Dept. of Social Svcs. v. Human Resources 

Hannah F. Tonkel v. Human Resources 

Fannie Lewis v. Human Resources 

Human Resources, Div. of Child Development v. Susan Amato 

Katie Kelly v. Human Resources 

A.C., by &■ through her agent & personal rep. Hank Neal v. Human Res. 

Venola Hall, Agape Day Care v. Human Resources 

Warren Cty NC Lucious Hawkins v. Human Resources. C. Robin Britt 

Christopher Durrer, Wilson Memorial Hospital v. Human Resources 

Mary McDufhe v. Human Resources Child Development 

Darryl A. Richardson v. Human Resources 

Home Health Prof., Barbara P. Bradsher, Admin v. Human Resources 

Sandra Gail Wilson v. Child Abuse/Neglect, Div. of Child Development 

Thomas M. Moss v. Human Resources 



CASE 




DATE OK 


NUMBER 


ALJ 


DECISION 


93 CSE 0590 


Reilly 


10/18/93 


93 CSE 0696 


Morrison 


09/23/93 


92 DCS 0577 


West 


03/15/93 


92 DCS 1181 


Gray 


05/04/93 


92 DCS 1200 


Gray 


03/29/93 


92 DCS 1271 


Reilly 


05/05/93 


92 DCS 1783 


West 


08/04/93 


92 DHR 0608 


Chess 


08/27/93 


92 DHR 0658 


Morrison 


04/30/93 


92 DHR 1101 


Morgan 


07/26/93 


92 DHR 1109* 


Morgan 


06/22/93 



PUBLISHED DECISION 
REGISTER CITATION 



92 DHR 1110* Morgan 



92 DHR 1120 



Gray 



06/22/93 



92 DHR 1116* Morgan 06/22/93 



06/18/93 



92 DHR 


1145 


Becton 


05/13/93 


92 DHR 


1192 


Nesnow 


04/02/93 


92 DHR 


1275 


Gray 


03/15/93 


92 DHR 


1320 


Morgan 


05/21/93 


92 DHR 


1329 


Chess 


05/10/93 


92 DHR 


1375 


Chess 


08/02/93 


92 DHR 


1604 


Reilly 


05/10/93 


92 DHR 


1612 


Chess 


03/08/93 


92 DHR 


1613 


Chess 


03/08/93 


92 DHR 


1614 


Chess 


03/09/93 


92 DHR 


1699 


Reilly 


06/07/93 


92 DHR 


1785 


Gray 


09/17/93 


93 DHR 0010 


Becton 


03/11/93 


93 DHR 0102 


Morgan 


10/05/93 


93 DHR 0332 


Morgan 


09/23/93 


93 DHR 0343 


Becton 


11/29/93 


93 DHR 0373 


Morgan 


07/20/93 


93 DHR 0378 


Nesnow 


09/10/93 


93 DHR 0379 


Gray 


06/28/93 


93 DHR 0418 


Morgan 


08/26/93 


93 DHR 0441 


Chess 


07/26/93 


93 DHR 0529 


Nesnow 


12/06/93 


93 DHR 0535 


Mann 


10/22/93 


93 DHR 0540 


Gray 


12/06/93 


93 DHR 0566 


Chess 


09/17/93 


93 DHR 0651 


Becton 


09/10/93 


93 DHR 0679 


Becton 


09/30/93 


93 DHR 0737 


Chess 


09/23/93 


93 DHR 0782 


Nesnow 


09/09/93 


93 DHR 0864 


Chess 


11/05/93 



( 



8:5 NCR 441 



8:4 NCR 392 
8:8 NCR 687 



8:8 NCR 687 



8:8 NCR 687 



8:8 NCR 687 



:5 NCR 443 
:3 NCR 313 



8:7 NCR 632 



8:18 NCR 1832 



8:19 NCR 1926 



( 



1909 



8:19 



NORTH CAROLINA REGISTER 



January 3, 1994 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



AI.J 



DATE OF 
DECISION 



PUBLISHED DECISION 
RECISTER CITATION 



Rosa Wall v. Nurse Aide Registry, Charge of Abuse 93DHR0881 West 12/15/93 

Frank S. & Susie R. Wells v. New Hanover Cty. Dept of Social Svcs. 93 DHR 0922 Nesnow 1 1/08/93 



INSURANCE 

Carolyn M. Hair v. St Employees Comprehensive Major Medical 
Scotland Memorial Hospital, Mary Home Odom v. Bd. /Trustees// 
St. of N.C. Teachers' &. St. Emp. Comp. Major Medical Plan, and 
David G. Devries, as Exec. Admin, of the N.C. Teachers' & St. Emp. 
Comp. Major Medical Plan 
Phyllis C. Harris v. Teachers' & St. Emp. Comp. Major Med. Plan 
Jarmaine Knight v. Ms. Shirley H. Williams, Insurance 

JUSTICE 

Philip B. Cates v. Justice, Attorney General's Office 

Donald Willaid Johnson v. Criminal Justice Ed. & Training Stds. Comm. 

Jennings Michael Bostic v. Sheriffs' Ed. &. Traning Stds. Comm. 

Colin Carlisle Mayers v. Sheriffs' Ed. &. Training Stds. Comm. 

Jennings Michael Bostic v. Sheriffs' Ed. & Traning Stds. Comm. 

Michael Charles Kershner v. Criminal Justice Ed & Training Stds Comm 

George Wilton Hawkins v. Criminal Justice Ed. & Training Stds. Comm. 

Marilyn Jean Britt v. Criminal Justice Ed. & Training Stds. Comm. 

Tim McCoy Deck v. Criminal Justice Ed. & Training Stds. Comm. 

Richaid Zander Frink v. Criminal Justice Ed. & Traning Stds. Comm. 

Sherri Ferguson Revis v. Sheriffs' Ed. & Training Stds. Comm. 

Mark Thomas v. Sheriffs' Ed. & Training Standaids Commission 

George Wilton Hawkins v. Sheriffs' Ed. & Training Stds. Comm. 

Noel B. Rice v. Criminal Justice Ed. & Training Standaids Comm. 

Lonnie Allen Fox v. Sheriffs' Ed. & Training Standards Commission 

Alarm Systems Licensing Bd. v. Eric Hoover 

Alarm Systems Licensing Bd. v. Vivian Darlene Gaither 

Rebecca W Stevenson v. Criminal Justice Ed. &. Training Stds. Comm. 

Lloyd Harrison Bryant Jr. v. Criminal Justice Ed &. Training Stds Comm 

William B. Lipscomb v. Private Protective Services Boaid 

Private Protective Svcs. Bd. v. Fred D. Rector 

Private Protective Svcs. Bd. v. Alan D. Simpson 

William M. Medlin v. Sheriffs' Ed. & Training Stds. Comm. 

Karl L. Halsey Sr. v. Criminal Justice Ed. & Training Stds. Comm. 

Charles Freeman v. Sheriffs* Ed. & Training Stds. Comm. 

Shayne K. MacKinnon v. Sheriffs' Ed. & Training Stds. Comm. 

Carl Michael O'Byrne v. Alarm Systems Licensing Board 

Private Protective Services Boaid v. Michael A. McDonald 



92 INS 1464 
92 INS 1791 



93 INS 0197 
93 INS 1056 



Chess 
Reilly 



Nesnow 
West 



03/10/93 
08/19/93 



07/29/93 
12/01/93 



90 DOJ 0353 


Morgan 


08/30/93 


8:13 NCR 1281 


92 DOJ 0420 


West 


11/05/93 


8:17 NCR 1705 


92 DOJ 0656* 7 


West 


06/22/93 




92 DOJ 0761 


Morrison 


05/10/93 




92 DOJ 0829* 7 


West 


06/22/93 




92 DOJ 0869 


Morgan 


08/11/93 




92 DOJ 1081*' 


Morgan 


07/09/93 




92 DOJ 1088 


Morrison 


03/16/93 




92 DOJ 1367 


Chess 


04/01/93 




92 DOJ 1465 


Nesnow 


05/28/93 




92 DOJ 1756 


Gray 


03/23/93 




93 DOJ 0151 


West 


04/21/93 




93 DOJ 01 56*' 


Morgan 


07/09/93 




93 DOJ 0174 


Morrison 


12/13/93 




93 DOJ 0196 


Morrison 


08/09/93 




93 DOJ 0201 


Becton 


07/12/93 




93 DOJ 0202 


Chess 


05/10/93 




93 DOJ 0357 


Morrison 


09/13/93 




93 DOJ 0377 


Reilly 


08/31/93 




93 DOJ 0458 


Morrison 


06/01/93 




93 DOJ 0479 


Mann 


08/19/93 




93 DOJ 0480 


West 


07/21/93 




93 DOJ 0569 


Chess 


10/06/93 




93 DOJ 0625 


Gray 


12/01/93 




93 DOJ 0685 


Nesnow 


12/06/93 




93 DOJ 0686 


Nesnow 


12/16/93 




93 DOJ 0844 


Nesnow 


09/08/93 


8:13 NCR 1300 


93 DOJ 0975 


Gray 


11/29/93 





LABOR 



Greensboro Golf Center, Inc. v. Labor 

Ronald Dennis Hunt v. Labor 

Jeffrey M. McKinney v. Labor 

Pastor Larry C. Taylor Warsaw Church of God v. Labor 

MORTUARY SCIENCE 

Board of Mortuary Science v. Triangle Funeral Chapel, Inc 
PUBLIC INSTRUCTION 



92 DOL 0204 


Nesnow 


04/15/93 


92DOL 1319 


Morgan 


06/17/93 


92 DOL 1333 


Morrison 


06/21/93 


93 DOL 0961 


West 


11/16/93 



92 BMS 1169 



Reilly 



04/29/93 



8:4 NCR 396 



Arnold O. Herring v. Public Instruction 

Frances F. Davis, Parent of Joseph E. Davis v. Public Instruction 

Donna Marie Snyder v. Public Instruction 



91 EDC 0858 


Becton 


10/20/93 


93 EDC 0628 


Mann 


07/29/93 


93 EDC 0731 


Nesnow 


09/16/93 



STATE PERSONNEL 



Frances K. Pate v. Transportation 

Lawrence D. Wilkie, Jerry R. Evans, Jules R. Hancart, 

James H. Johnson, James D. Hshel v. Justice 
Lawrence D. Wilkie, Jerry R. Evans, Jules R. Hancart, 



88 OSP 0340 Morrison 05/03/93 

90 OSP 1064* 1 Mann 05/04/93 



90 OSP 1065* 4 Mann 



05/04/93 



8:19 



NORTH CAROLINA REGISTER 



January 3, 1994 



1910 



COXTESTED CASE DECISIONS 



AGENCY 



CASE 

M MB1 R 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 

REGISTER CITATION 



James H. Johnson, James D. Fishel v, Justice 
Lawrence D. Wilkie, Jem, R. Evans, Jules R. Hancart, 

James H. Johnson, James D. Fishel v. Justice 
Lawrence D. Wilkie, Jerry R. Evans, Jules R. Hancart. 

James H. Johnson. James D. Fishel v. Justice 
Lawrence D. Wilkie, Jerry R. Evans, Jules R. Hancart. 

James H. Johnson. James D. Fishel v. Justice 
Connie B. Lee v. Justice 

Donald Allen Rutschman v. UNC Greensboro. Office of Human Res. 
Bernie B. Kellly v. Correction 
Brenda G. Mitchell v. Correction 
Walton M. Piltman v. Correction 

Adolph Alexander Justice Jr. v. Motor Vehicles, Transportation 
Clayton Brewer v. North Carolina State University 
Sherman Dave v. Transportation 
Donnie M. White v. Correction 

Gregory Samuel Parker v. Environment. Health, &. Natural Resources 
Renee E. Shepherd v. Winston-Salem State University 
Eva Doekery v. Human Resources 

Lee P. Crosby v. Michael Kelly, William Meyer and EHR 
William Marshall Boyd Jr. v. County Commissioners of Hyde &i 

Certain Board of Health Members 
Gregory Samuel Parker v. Environment. Health, &. Natural Resources 
Willie Granville Bailey v. Winston-Salem State University 
Mattie W. Smith v. State Agricultural and Technical University 
Julia Spinks v. Environment. Health. & Natural Resources 
James B. Price v. Transportation 
I Cary Nailling v. UNC-CH 
Deborah Barber v. Correction 
Laverne B. Hill v. Transportation 
Jimmy D. Wilkins v. Transportation 

Sarah W. Britt v. Human Resources, C.A. Dillon School. CPS 
Charles Robinson v. Revenue 

Anna L. Spencer v. Mecklenburg County Area Mental Health 
Herman James Goldstein v. UNC-Chapel Hill et al. 
Ronnie H. Mozingo v. Correction 
Glinda C. Smith v. Wildlife Resources Commission 
Cindy G. Bartlett v. Correction 

William Kenneth Smith Jr. v. Broughton Hospital (Human Resources) 
Larry O. Nobles v. Human Resources 

Beatrice Wheless v. Lise M. Miller, University Payroll Off., NC St. Univ. 
Tracey Hall v. N.C. Central U, Off. of Scholarship &. Student Aid 
Sondra Williams v. Winston-Salem State L'niversity 
Willie Thomas Hope v. Transportation 
David Scales v. Correction 

Suzanne Ransley Hill v, Envircmment, Health, &. Nat. Res. 
Herman James Goldstein v. UNC-Chapel Hill et al. 
Charles M. Blackwelder v. Correction 

Beatrice Wheless v. Lise M. Miller, University Payroll Off., NC St. Univ. 
John B. Sauls v. Wake County Health Department 
ftitti G. Newsome v. Transportation 

Nancy McAllister v. Camden County Department of Social Services 
Gilbert Jaeger v. Wake County Alcoholism Treatment Center 
Joseph Henry Bishop v. Environment, Health, &. Natural Res. 
Glenn D. Fuqua v. Rockingham County Board of Social Services 
Dorothy D. Johnson v. Correction 
Willie L. Hudson v. Correction 

Brenda K. Campbell v. Employment Security Commission 
Christie L. Guthrie v. Environment, Health, &. Natural Resources 
Sharon Reavis v. Crime Control Sc Public Safety- 
James B. Price v. Transportation 
Jerry L. Jones v. N.C.S.U. Physical Plant 

Mattie W. Smith v. State Agricultural and Technical University 
Gina Renee Cox v. UNC Chapel Hill 

Roland W. Holden v. LIniversity of North Carolina at Chapel Hill 
Betty Bradsher v. UNC-CH 

Anthony M. Little v. Human Resources, John L'mstead Hospital 
Jannie C. Sykes v. Employment Security Commission 



Q0OSP1066* 1 Mann 05/04/93 

90 OSP 1067* 1 Mann 05/04/93 

90 OSP 106S* 1 Mann 05/04/93 



91 OSP 0011 


Morgan 


10/05/93 


8:15 NCR 149S 


9 1 OSP 0305 


Chess 


10/19/93 




91 OSP 0344 


Morrison 


05/27/93 




91 OSP 0625 


West 


03/08/93 


8:1 NCR 75 


9 1 OSP 0805 


Morgan 


10/06/93 




91 OSP 0860 


Chess 


07/19/93 




91 OSP 0941 


West 


04/02/93 


8:3 NCR 306 


91 OSP 0951 


West 


05/07/93 




91 OSP 1236 


Morgan 


04/05/93 




91 OSP 1344* 1 


Chess 


05/20/93 




91 OSP 1391 


Morgan 


04/28/93 




92 OSP 0010 


Chess 


05/03/93 




92 OSP 0056 


Gray 


06/07/93 




92 OSP 0090 


Gray 


08/25/93 




92 OSP 0188* 5 


Chess 


05/20/93 




92 OSP 0285 


Morrison 


03/10/93 




92 OSP 0298* 12 


Reilly 


09/14/93 




92 OSP 0313 


Bee ton 


04/12/93 


8:4 NCR 382 


92 OSP 0375 


Gray 


04/13/93 




92 OSP 0394 


Becton 


04/20/93 




92 OSP 0396 


Chess 


03/04/93 




92 OSP 043 1* 1 


West 


03/08/93 




92 OSP 0432* 1 


West 


03/08/93 




92 OSP 0455 


West 


05/26/93 


8:6 NCR 484 


92 OSP 0553 


Morgan 


07/21/93 




92 OSP 0584 


Becton 


08/16/93 




92 OSP 0634 


Morrison 


05/04/93 




92 OSP 0644 


Mann 


10/11/93 




92 OSP 0653 


Morrison 


03/12/93 




92 OSP 0671 


Morgan 


06/08/93 




92 OSP 0684 


Becton 


05/10/93 




92 OSP 0732 


Mann 


04/23/93 




92 OSP 0744 *" 


Morgan 


07/16/93 




92 OSP 0815 


Morgan 


09/16/93 




92 OSP 0847 


Morrison 


08/06/93 




92 OSP 0947 


Morgan 


03/23/93 




92 OSP 09S9 


Chess 


06/24/93 




92 OSP 0992 


Reilly 


03/18/93 


8:2 NCR 224 


92 OSP 1047 


Morrison 


05/04/93 




92 OSP 1082 


Morrison 


10/15/93 


8:15 NCR 1500 


92 OSP 1124*" 1 


Morgan 


07/16/93 




92 OSP 1142 


Reilly 


03/08/93 


8:1 NCR 88 


92 OSP 1180 


Becton 


09 ;; 93 


8:14 NCR 1346 


92 OSP 1185 


Chess 


09/07/93 




92 OSP 1204 


Reilly 


05/10/93 




92 OSP 1243 


Reilly 


03/05/93 




92 OSP 1318 


Morrison 


08/03/93 




92 OSP 1395 


Nesnow 


10/29/93 




92 OSP 1468 


Becton 


05/26/93 




92 OSP 1505 


Morrison 


03/17/93 




92 OSP 1555 


Becton 


05/31/93 




92 OSP 1606 


Morrison 


08/19/93 


8:12 NCR 1163 


92 OSP 1657 


Mann 


03/19/93 




92 OSP 1661 


Chess 


07/06/93 




92 OSP 1 69 1 *^- 


Reilly 


09/14/93 




92 OSP 1692 


Becton 


10 IS 93 




92 OSP 1715 


Becton 


08/30/93 


8:13 NCR 1292 


92 OSP 1733 


Becton 


03/30/93 




92 OSP 1734 


Becton 


09/01/93 




92 OSP 1738 


Grav 


10/25/93 





1911 



8:19 



XORTH C1ROLIXA REGISTER 



January 3, 1994 



CONTESTED CASE DECISIONS 



AGENCY 



Jamal Al Bakkat-Morris v. Glenn Sexton (DSS) 

Rebecca Beauchesne v. University of North Carolina at Chapel Hill 

Brenda Kay Barnes v. Human Resources 

Larry G. Riddle v. Correction, Division of Prisons 

Stevie E. Dunn v. Polk Youth Center 

Buford D. Vieregge Jr. v. N.C. State University, University Dining 

Dorothy Ann Harris v. Correction 

Brenda B. Miles v. University of North Carolina Chapel Hill 

Deborah J. Whitfield v. Caswell Center 

Karen Canter v. Appalachian State University 

Terry Steve Brown v. Iredell County Health Department 

Barbara A. Johnson v. Human Resources 

Carrie P. Smith v. County of Stanly 

George W. Allen v. Human Resources, Correction, Agri &. EHNR 

William G. Fisher v. St Bd of Ed, Albermarle City Schools & Bd of Ed 

Grace Jean Washington v. Caswell Center 

Ralph Snipes v. Transportation and Correction 

Clifton E. Simmons v. Correction 

Willie L. James v. Caswell Center 

Irving S. Rodgers v. C.A. Dillon, Division of Youth Services 

Richard E. Howell v. Correction, Wayne Correctional Center 

Brian Dale Barnhardt v. State Highway Patrol 

FR. "Don" Bowen v. Human Resources 

Michael L. Pegram v. Correction 

Jerry D. Doss Sr. v. Correction 

Odessa Parker v. Durham County Dept. of Social Services 

Debbie Renee Robinson v. Correction 

Sharon Brandon v. Dorothea Dix Hospital 

Shaw Boyd v. Correction 

Ida Gaynell Williams v. Wilson County Dept. of Social Services 

Linda R. Wharton v. N.C. A & T University 

Michael L. Pegram v. Correction 

Ralph W Burcham v. Transportation 

Claudius S. Wilson v. Human Resources 

Edward D. Day Jr., John D. Warlick. Gary W Beecham v. Correction 

Edward D. Day Jr., John D. Warlick, Gary W. Beecham v. Correction 

Alvin Lamonte Breedon v. OPC Mental Health 

Edward D. Day Jr., John D Warlick, Gary W. Beecham v. Correction 

Hubert L. Holmes v. Transportation 

Vernell Ellis Turner v. NC A &. T Police Dept, NC Agricultural Tech U 

Everette E. Newton v. University of NC at Chapel Hill 

Timothy E. Blevins v. UNC A/K/A Western Carolina University 

Xantippe Blackwell v. Human Resources, Murdoch Center 

Wayne Bradley Johnson v. State Computing Center 

Harold Kovolenko v. Lynn C. Phillips, Director of Prisons 

Daniel Thomas Wheeler, Kye Lee Wheeler v. Caldwell County 

Department of Social Services 
Terry Johnson v. Correction 
David Henry v. Correction 
Kathleen E. Conran v. New Bern Police Dept., City of New Bern; and 

City of New Bern Police Civil Service Board 
Berton Hamm Jr. v. Wake County Child &. Family Services 
John R. Woods Sr. v. Wake County Child &. Family Services 
Coleman F Tyrance Jr. v. Wake County Child & Family Services 
John Augusta Page v. Wake County Child &. Family Services 
Thomas James v. Wake County Child &. Family Services 
James E. Hargrove v. Wake County Child & Family Services 
Ricky Harrcll v. Wake County Child & Family Services 
Bruce Creecy v. Wake County Child &. Family Services 
Dana Phillips v. Administrative Office of the Courts 
Terry P. Chappell v. Correction 
Willie David Moore v. Correction (Piedmont Correctional Inst.) 



CASE 




DATE OF PUBLISHED DECISION 


NUMBER 


AL.I 


DECISION REGISTER CITATION 


92 OSP 1741 


Becton 


03/24/93 


92 OSP 1767 


Bee ton 


10/01/93 


92 OSP 1768 


Morrison 


03/17/93 


92 OSP 1774 


Gray 


04/26/93 


92 OSP 1789 


Becton 


04/19/93 


92 OSP 1796 


Morrison 


05/27/93 


93 OSP 0013 


Morrison 


09/15/93 


93 OSP 0033 


Morrison 


09/10/93 


93 OSP 0064 


West 


09/20/93 


93 OSP 0079 


Reilly 


06/15/93 


93 OSP 0101 


Morgan 


08/06/93 


93 OSP 0103 


Morrison 


03/17/93 


93 OSP 0109 


Beeton 


04/01/93 


93 OSP 0111 


Reilly 


04/16/93 


93 OSP 0134 


Beeton 


04/20/93 


93 OSP 0153 


Morgan 


06/03/93 


93 OSP 0157 


Mann 


12/13/93 


93 OSP 0159 


Morrison 


04/21/93 


93 OSP 0171 


Morgan 


05/27/93 


93 OSP 0177 


West 


04/21/93 


93 OSP 0245 


Gray 


08/25/93 


93 OSP 0251 


Reilly 


07/27/93 


93 OSP 0253 


Morgan 


08/06/93 


93 OSP 0275 * 


Reilly 


06/28/93 


93 OSP 0287 


Gray 


05/17/93 


93 OSP 0366 


Nesnow 


12/15/93 


93 OSP 0383 


Nesnow 


06/07/93 


93 OSP 0419 


Gray 


12/06/93 


93 OSP 0438 


Morgan 


11/12/93 8:18 NCR 1838 


93 OSP 0440 


Gray 


12/01/93 


93 OSP 0456 


Chess 


09/22/93 


93 OSP 0472** 


Reilly 


06/28/93 


93 OSP 0493 


Chess 


10/15/93 8:16 NCR 1558 


93 OSP 0498 


Gray 


12/15/93 


93 OSP 0522*" 


Morrison 


12/14/93 8:19 NCR 1922 


93 OSP 0523*" 


Morrison 


12/14/93 8:19 NCR 1922 


93 OSP 0551 


Gray 


11/23/93 


93 OSP 0567* L1 


Morrison 


12/14/93 8:19 NCR 1922 


93 OSP 0572 


Reilly 


08/17/93 


93 OSP 0577 


Beeton 


11/03/93 


93 OSP 0589 


Reilly 


12/07/93 


93 OSP 0604 


Morgan 


09/29/93 


93 OSP 0632 


Reilly 


09/01/93 


93 OSP 0694 


Chess 


10/11/93 


93 OSP 0697 


Nesnow 


09/08/93 


93 OSP 0752 


Nesnow 


09/16/93 


93 OSP 0757 


Gray 


10/06/93 


93 OSP 0789 


Gray 


11/29/93 


93 OSP 0797 


Morrison 


09/21/93 


93 OSP 0809 


Beeton 


10/27/93 


93 OSP 0810 


Becton 


11/02/93 


93 OSP 0811 


Beeton 


11/02/93 


93 OSP 0812 


Beeton 


11/02/93 


93 OSP 0813 


Beeton 


11/02/93 


93 OSP 0814 


Beeton 


11/02/93 


93 OSP 0815 


Becton 


11/02/93 


93 OSP 0816 


Becton 


11/02/93 


93 OSP 0822 


West 


09/09/93 


93 OSP 0834 


Nesnow 


10/11/93 


93 OSP 1043 


Nesnow 


12/03/93 



STATE TREASURER 



Juanita M. Braxton v. Bd. of Trustees/Teachers' &. St Emp Ret Sys 
Herman D. Brooks v. Bd of Trustees/Teachers" & St Emp Ret Sys 
Henrietta Sandlin v. Teachers' &. State Emp Comp Major Medical Plan 



91 DST 0017 


West 


09/07/93 


91 DST 0566 


Gray 


04/13/93 


92 DST 0305 


Morgan 


04/12/93 



8:19 



NORTH CAROLINA REGISTER 



January 3, 1994 



1912 



CONTESTED CASE DECISIONS 



Al.hM Y 



Frances Billingsley v. Bd /Trustees/Teachers' &. Si. Emp. Ret. Sys. 
Dennis Willoughby v. Bd. /Trustees/Teachers' &. St. Emp. Ret. Sys. 
Mary Alyce Carmichael v. Bd/Trusteesneachers' &, St Emp Ret Sys 
Shirley M. Smith v. Bd. Trustees Teachers' & St. Emp. Ret. Sys. 
W. Rex Perry v. Bd Trustees/Teachers' & St Emp Ret Sys 
Rory Dale Swiggett v. Bd. Trustees/N.C. Local Govtl. Emp. Ret. Sys. 
Catherine D. Whitley v. Bd.TrusteesTeachers & St. Emp. Ret. Sys. 



CASE 




DATE OF 


NUMBER 


ALJ 


DECISION 


92 DST 0996 


West 


09/20/93 


92 DST 1439 


West 


09/20/93 


92 DST 1506 


Chess 


04/08/93 


92 DST 1776 


Reilly 


11/18/93 


93 DST 0133 


West 


08/12/93 


93 DST 0198 


West 


09/28/93 


93 DST 0727 


Reilly 


11/18/93 



PUBLISHED DECISION 
REGISTER CITATION 



8:14 NCR 1356 



18 NCR 1829 
1 1 NCR 992 
14 NCR 1360 



TRANSPORTATION 



^ates Construction Co. , Inc. v. Transportation 

American S&P Auto v. Commissioner, Div. of Motor Vehicles 



92 DOT 1800 

93 DOT 1070 



Morgan 
Morrison 



03/25/93 
12/02/93 



UNIVERSITY OF NORTH CAROLINA HOSPITALS 



Constance V. Graham v. UNC Hospital 
Jacqueline Florence v. UNC Hospitals 



93 UNC 0269 
93 UNC 0355 



Morgan 
Becton 



07/20/93 
06/16/93 



1913 



8:19 



NORTH CAROLINA REGISTER 



January 3, 1994 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 
COUNTY OF WAKE 



IN THE OFFICE OF 

ADMINISTRATIVE HEARINGS 

91 EEO 0536 



WILLIAM H. PEACE, m, 
Petitioner, 



N. C EMPLOYMENT SECURTTY COMMISSION, 
Respondent. 



FINAL DECISION 



THIS MATTER was heard before the Honorable Sammie Chess, Jr., Administrative Law Judge, on 
July 12-14, 1993. Petitioner filed a charge of discrimination with the North Carolina Office of Administrative 
Hearings and with the Equal Employment Opportunity Commission following his dismissal on June 7, 1993. 
Petitioner alleged discrimination based on retaliation under Section 704(a) of the Civil Rights Act of 1964, 
as amended. 



APPEARANCES 



For Petitioner: 



Thomas Hilliard, III, Attorney at Law, Post Office Box 97726, Raleigh, 
North Carolina 27626 



For Respondent : 



Fred R. Gamin, Staff Attorney, North Carolina Employment, Security 
Commission, Post Office Box 25903, Raleigh, North Carolina 27611 



ISSUES 

1 . Whether Respondent had just cause to dismiss Petitioner on the basis of personal misconduct? 

2. Whether Respondent retaliated against Petitioner for having filed charges of discrimination against 
Respondent in violation of Title VII of the Civil Rights Act of 1964? 

APPLICABLE STATUTES AND RULES 

Title VII of Civil Rights Act of 1964; 

42 U. S. C. 2000e-5; 

North Carolina General Statute Section 7A-759; 

North Carolina General Statute Section 126-4; 

North Carolina General Statute Section 126 through 

North Carolina General Statute Section 126-41; 

North Carolina General Statute Section 150B-22 

through North Carolina General Statute 150B-37; 

State Personnel Manual, Section 9, Employee 

Relations, page 2 et. seg. (March 1990). 

STIPULATIONS 

A. The Respondent was aware of State criminal charges against its Personnel Office employee, Debra 

Watkins Dunston, when on April 3, 1991 she was arrested by a Raleigh Police Officer pursuant to 
a warrant for arrest which charged her with felonious embezzlement of $2,500.00 in U. S. currency 



8:19 



NORTH CAROLINA REGISTER 



January 3, 1994 



1914 



CONTESTED CASE DECISIONS 



from Hudson Belk Leggett on or about December 4, 1990 through April 2, 1991; that on April 25. 
1991 Debra Dunston entered into a felony diversion agreement and prosecution arrangement, and her 
criminal charge was deferred for one year pursuant to the agreement or until April 25, 1992 when 
her case was reviewed in Wake County District Court. Notwithstanding the knowledge of criminal 
acts committed by Debra Dunston, Respondent took no disciplinary action against her in the form of 
dismissal, suspension, reprimand, etc. 

B. On January 25, 1989, Herbert W. Lee, Personnel Director of the North Carolina Employment 

Security Commission, deflated the rear tires of a car belonging to a Merri Hoffmeyer, a local employ- 
er. The car was parked at the Employment Security Commission in a parking space assigned to Mr. 
Lee, while Ms. Hoffmeyer attended to business related to her company. Following the incident, Mr. 
Lee wrote a letter of apology to Ms. Hoffmeyer on orders from then-Commission Chairman, Betsy 
Y. Justus. No disciplinary action was taken against Mr. Lee in the form of a suspension or dismissal 
by the Commission Chairman. Prior to January 25th, Mr. Lee had not filed a charge of 
discrimination against the Commission with the North Carolina Office of Administrative Hearings or 
the EEOC. 

C.l. Petitioner, William H. Peace, III, a resident of Raleigh and Wake County, North Carolina, began his 
employment with Respondent on October 15, 1985 as its Equal Opportunity ("EEO") Officer. He 
directed the Employee Relations Section which was a subset of the Personnel Office. 

2. As EEO Officer, Petitioner was responsible for administering an internal and external EEO program 
for Respondent including developing and implementing systems to ensure equal employment 
opportunity throughout the agency. In addition, Petitioner interpreted EEO guidelines, directed 
development of the Affirmative Action Plan and investigated complaints against the agency filed by 
employees and applicants and wrote various reports required by federal and state laws. 

3. In 1989, Petitioner filed a charge of discrimination with the North Carolina Office of Administrative 
Hearings and with EEOC against Respondent's Betty Y. Justus, prior chairman of the Employment 
Security Commission. 

4. In March 1990, Petitioner filed a charge of discrimination against Respondent citing therein, inter 
alia, the unlawful employment practices of his then-supervisor, Graham Cooke. 

5. On August 9, 1991, the Civil Rights Division of the Office of Administrative Hearings issued a 
Notice of Determination finding ..." reasonable cause to believe that charging Party was denied 
interim job performance reviews and merit increases in violation of the Civil Rights Act of 1964, as 
amended. 

6. Petitioner filed a charge of discrimination against Respondent with the North Carolina Office of 
Administrative Hearings, and the Equal Employment Opportunity Commission on June 11, 1991. 
Petitioner alleged discrimination based on retaliation under Section 704(a) of the 1964 Civil Rights 
Act, as amended. This charge was the basis for the EEO current case, 91 EEO 0536. 

7. On August 14, 1992, the Civil Rights Division of the Office of Administrative Hearings issued a 
Notice of Determination finding ... "evidence of retaliation" and "reasonable cause to believe that 
Charging Party was discharged in violation of Title VII." Upon the failure of conciliation. Petitioner 
received and complied with OAH's February 8, 1993 Notice of Conciliation by electing and 
petitioning to have OAH charge #91 EEO 0536 heard as a contested case as provided in Article 3 of 
Chapter 150B of North Carolina General Statute Section 7A-759(d). 

8. None of Petitioner's supervisors discussed with him the coffee incident from April 10, 1991 until June 
5, 1991, including supervisors Clarence Jones. Gene Baker, Chief Deputy Joseph G. Elliot or 
chairperson Ann Q. Duncan. 



1915 8:19 NORTH CAROLINA REGISTER January 3, 1994 



CONTESTED CASE DECISIONS 



Based upon the above stipulation, sworn testimony of witnesses and documents admitted into evidence, 
the Administrative Law Judge makes the following: 

FINDINGS OF FACT 

1. By letter dated June 7, 1991 Respondent terminated the employment of Petitioner as its Equal 
Employment Opportunity Director. On June 11, 1991 , Petitioner filed a charge of discrimination with 
the North Carolina Office of Administrative Hearings ("OAH") and the United States Employment 
Security Commission (OAH Charge #91 EEO 536 and EEOC Charge #143910035) alleging 
retaliatory dismissal by Respondent in violation of Title VII of the Civil Rights Act of 1964, 42 
U.S.C.2000e-5. 

2. Previous charges of discrimination filed by Petitioner against Respondent included OAH #89 EEO 
0946/EEOC #14390966 in 1989 and OAH#90 EEO 03311/EEOC #14B900038 in March, 1990. 

3. Following investigation of the charges, the Civil Rights Division of the Office of Administrative 
Hearings found reasonable cause to conclude that Respondent unlawfully denied Petitioner 
performance reviews and merit increases(OAH #90 EEO 0031) and that Respondent engaged in 
retaliatory dismissal of Petitioner (OAH-7-#91 EEO 0536) in violation of Title VII. 

4. Petitioner received and complied with the Office of Administrative Hearing's February 8, 1993 Notice 
of Termination of Conciliation by electing to file a petition for a contested case hearing with the 
Office of Administrative Hearings, charge #91 EEO 0536 heard as a contested case as provided n 
Article 3 of Chapter 150B of the North Carolina General Statutes. North Carolina General Statute 
Section 7A-759(d). 

5. Petitioner William H. Peace, III, a resident of Raleigh and Wake County, North Carolina began his 
employment with Respondent on October 15, 1985 as its Equal Employment Opportunity ("EEO") 
Officer. He directed the Employee Relations Section which was a subset of the Personnel Office. 

6. Respondent, Employment Security Commission, is an agency of State government created by the 
General Assembly to administer unemployment insurance laws. In August, 1990, Ann Q. Duncan 
became Respondent's chairperson succeeding Betsy Y. Justus. Respondent's headquarters were 
located at 700 Wade Avenue in Raleigh, North Carolina and it maintained 78 local offices throughout 
the State. Its staff complement was around 1700 employees. 

7. As EEO Officer, Petitioner was responsible for administering an internal and external EEO program 
for Respondent including developing and implementing systems to ensure equal employment 
opportunity throughout the agency. In addition, he interpreted EEO guidelines, directed development 
of the Affirmative Action Plan and investigated complaints against the agency filed by employees and 
applicants and wrote various reports required by federal and state laws. 

8. During his agency orientation in 1985, Petitioner was informed that his membership in the Personnel 
Office's petty fund would entitle him to obtain coffee occasionally from the coffee pot situated in the 
personnel file room. He subsequently paid his dues ($2.00/month) for the petty fund and obtained 
coffee from the file room pot; however,his usual practice was to visit the agency's cafeteria in the 
mornings to get coffee and talk with other employees over breakfast about any problems they may 
present. 

9. Not at any time prior to April 10, 1991 was Petitioner informed by any employee of Respondent that 
his petty fund membership did not entitle him to obtain a cup of coffee from the file room pot. 

10. Over the years, on an irregular basis. Petitioner obtained coffee from the file room coffee pot. There 
was never any sign or notice posted at or near the pot indicating a price per cup charge. The 
discussion and establishment of any rules or policies regarding the petty fund occurred during staff 



8:19 NORTH CAROLINA REGISTER January 3, 1994 1916 



CONTESTED CASE DECISIONS 



meetings; Petitioner routinely did not attend staff meetings. A coffee fund was established at a staff 
meeting sometime after Petitioner was hired; fund membership was $3.40 per month. Petitioner was 
never made aware of the coffee fund nor was he asked to join. 

11. On April 10, 1991, Petitioner went to the cafeteria around 9:00 A.M. to obtain a cup of coffee. 
Upon learning that coffee was not available at that time, he returned to his office. Shortly thereafter 
he went to the Personnel Office with his coffee cup. 

12. As the Petitioner entered the Personnel Office the following exchange occurred between the Petitioner 
and an angry Catherine High, a supervisor with the Personnel Office: Ms. High: "I hope you're not 
planning to get any of our coffee. "Petitioner made no reply but went to the coffeepot. Ms. High: 
"You are going to have to pay me for that coffee. "Petitioner: "I'm not going to pay you. "Ms. 
High: "That's not fair, you know you ought to pay me. "Petitioner: "If I'm wrong, write me up. 
Be sure to spell my name right. "Ms. High: "I know how to spell idiot. "Petitioner left the room 
and returned without the coffee cup to make copies. Ms. High in a loud angry tone: "Bill Peace you 
are despicable. I hope they fire you. "Petitioner: "Sticks and stones may break my bones but your 
words will never hurt me. "Ms. High: "If you get another cup of coffee and do not pay me. I'm 
going to get a cup of coffee and scald you with it." 

13. This exchange took place in the presence of several employees who were supervised by Ms. High in 
the Personnel Office. Ms. High reported the incident to her supervisor, Graham Cooke, shortly after 
it occurred on the morning of April 10th. Several days later she also informed Gene Baker who was 
made Petitioner's immediate supervisor effective April 22. 1991 by memorandum from Ann Q. 
Duncan dated April 19th. 

14. After returning from lunch on April 10th. Petitioner telephoned the Magistrate's Office and was 
advised that if he believed the person capable of carrying out her threat to scald him that he should 
take out a warrant against the person. 

15. Petitioner went to the Personnel Office to talk with Ms. High and told her that he was giving her an 
opportunity to apologize. 

16. Ms. High did not apologize. 

17. In Ms. High's opinion, at no time did Petitioner harass, intimidate or threaten her in any manner. 

18. Petitioner believed that considering Ms. High's resentment and anger towards him. she was capable 
of scalding him with coffee. This was the reason he went to her to seek an apology and put the 
matter behind them. 

19. Ms. High's resentment stemmed, in part, from Petitioner having filed a discrimination charge against 
her supervisor, Graham Cooke, in 1990. 

20. Petitioner left Ms. High's office, took leave and visited the Wake County Magistrate's Office where 
he furnished facts under oath about the coffee incident. The magistrate issued a criminal summons 
charging Ms. High with communicating a threat to Petitioner. 

21. The summons was served on Ms. High at work on April 23. 1991, with a trial date set for May 21, 
1991 in Wake County District Court. 

22. The Respondent hired a private attorney to defend Ms. High and paid her legal fees of $516.00. No 
such effort was advanced on Petitioner's behalf. 

23. The charge was dismissed as frivolous and Petitioner was ordered to pay court costs. 



1917 8:19 NORTH CAROLINA REGISTER January 3, 1994 



CONTESTED CASE DECISIONS 



24. The warrant issuing judicial officer found the facts sufficient to issue a warrant for communicating 
a threat. 

25. From April 10, 1991 through June 5, 1991, neither Clarence Jones, Petitioner's former supervisor 
until April 19, 1991, nor Gene Baker, his supervisor from April 22 through June 5, 1991, discussed 
with him either the coffee incident or the May 21st court judgment. Both subjects were first 
mentioned in the notice of predismissal conference memorandum of June 5th from Gene Baker. 
During the eight week period mentioned above, neither chairperson Ann Q. Duncan nor Chief Deputy 
Joseph Elliot discussed the coffee/trial issue with Petitioner. 

26. Prior to the June 6th predismissal conference, Graham Cooke, Personnel Officer, advised Mr.Baker 
and Mr. Jones to follow a predismissal procedure that had not been adopted by the State Personnel 
Commission. 

27. The procedure used at Petitioner's predismissal conference differed from the adopted policy which - 
13-was applicable at that time. 

28. Graham Cooke was not unhappy to see Petitioner's employment terminated by Respondent. 

29. Mr. Cooke was the focus of a discrimination charge filed by Petitioner in March 1990 
(EEO#14B900038). 

30. A Cause finding was issued by the Civil Rights Division of the Office of Administrative Hearings in 
August 1991. An earlier charge was filed by Petitioner against Respondent in 1989 
(EEO#l 4 189990966). 

31. Petitioner provided Respondent a written response to the notice of predismissal conference when he 
met with Messrs. Baker and Jones on June 6th. 

32. Petitioner considered the conference to be illegally constituted because it differed from the adopted 
policy /practice mandated by the State Personnel Commission. The policy called for the conference 
to take place between the supervisor and the employee. 

33. On June 7, 1991, Petitioner was dismissed for unacceptable personal conduct by Respondent's 
memorandum from Ann Q. Duncan. Not one of the three reasons given for dismissal in that 
memorandum was ever discussed with Petitioner prior to June 6, 1991. 

34. Petitioner did not receive a work performance appraisal review between April 10 and June 7,1991. 

35. After the April 10th coffee incident, neither Petitioner nor Ms. High was warned, suspended or 
reprimanded. 

36. Neither Petitioner nor Ms. High was disciplined in any manner following the May 21 , 1991 court trial 
and Petitioner and Ms. High continued their usual job duties uninterrupted by Respondent. 

37. Petitioner received no complaints about his work performance until June 5, 1991. 

38. The remarks made by Ms. High to Petitioner in the presence of other workers was highly inflammato- 
ry, derogatory, and unprofessional. They could have provoked an ugly incident, harmful to herself 
and other employees. Her approach was not acceptable conduct. 

39. Petitioner in effect told Ms. High to write him up and let the matter be heard through proper 
channels. Although Ms. High's approach was highly unprofessional. Petitioner remained calm. 
Petitioner's suggestion was proper and done in a professional manner. 



8:19 NORTH CAROLINA REGISTER January 3, 1994 1918 



CONTESTED CASE DECISIONS 



40. According to Ms. High, Petitioner did not harass, intimidate, or threaten in any manner. 

41. Ms. High went forthwith to her supervisors after instigating what could have been an ugly situation. 
However, she failed to go at the right time, before creating an incident. 

42. If Ms. High felt Petitioner was breaking a rule, she should have followed an acceptable procedure 
to resolve the matter. 

43. Respondent's supervisors did not reprimand Ms. High or take any kind of action against her for 
unacceptable behavior. To the contrary,Respondent rewarded Ms. High by obtaining an attorney for 
her and paying her $516.00 attorney fee out of tax payers money. 

44. I find no legal reason in the record why the tax payers of North Carolina should pay Ms. High's 
attorney fee. 

45. The level of involvement of high level Employment Security Commission personnel in the minor 
coffee incident is evidence to be considered in determining whether there was retaliation against 
Petitioner, especially, since not even the slightest form of reprimand was issued against Ms. High. 

46. Ms. High's conduct was unbecoming a supervisor.and even more so, when done in the presence of 
subordinate employees. 

47. On January 25, 1989, Herbert Lee, Respondent's Personnel Director, let the air out of a car driven 
by Merri Hoffmeyer, an employer, who was interviewing potential employees at Respondent's Wade 
Avenue Offices. Mr. Lee became angry because the woman had parked her car in a space reserved 
for him. Respondent did not suspend or dismiss Mr. Lee as a result of his conduct. At the time of 
the incident Mr. Lee had not filed any charges of discrimination against Respondent. 

48. In April 1991, Ms. Debra Dunston, an employee of Respondent's Personnel Office, was arrested and 
charged with felonious embezzlement of $2,500.00 from Hudson's Belk's department store in 
Raleigh, North Carolina. She admitted guilt and entered the Felony Diversion Program in Wake 
County. She was not reprimanded, suspended or dismissed by Respondent as a result of her criminal 
activity. 

49. In August 1992, Charlotte Ranz, Respondent's Director of Public Information, was found to have 
taken a State-owned personal computer home and put it to her own use. Ms. Ranz was not dismissed 
from her position by Ann Q. Duncan. 

Based upon the foregoing stipulations and findings of fact, the undersigned makes the following: 

CONCLUSIONS OF LAW 

1. Petitioner was a permanent state employee at the time of his dismissal. 

2. North Carolina General Statutes section 126-35 provides in pertinent part, that no permanent 
employee subject to the State Personnel Act shall be discharged, suspended or reduced in pay or 
position, except for just cause. In cases of such disciplinary action, the employee shall, before the 
action is taken, be furnished with a statement in writing setting forth in numerical order the specific 
acts or omissions that are the reasons for the disciplinary action and the employee's appeal rights. 

3. Where just cause is an issue, the Respondent bears the ultimate burden of persuasion. 

4. A permanent state employee may be dismissed for inadequate performance of duties or for personal 
conduct that is detrimental to State service. Leiphartv. N. C. School of Arts , 80 N.C. App. 339, 342 
S.E. 2d 914 (1986). Prior to dismissal for cause related to job performance, a permanent state 



1919 8:19 NORTH CAROLINA REGISTER January 3, 1994 



CONTESTED CASE DECISIONS 



employee is entitled to three (3) separate warnings that his/her performance is unsatisfactory. Jones 
V. Department of Human Resources , 300 N.C. 687, 268 S.E. 2d 500 (1980). However, an employee 
discharged for personal misconduct is not entitled to prior progressive warnings because personal 
misconduct discipline is imposed for actions for which no reasonable person should expect to receive 
prior warning. Office of State Personnel, Personnel Manual , pp. 9-3, 9-8.3. 

5. As a permanent state employee of several years Petitioner has a substantial property right in his 
employment and this right is protected by the Fourteenth Amendment of the United States Constitution 
and the North Carolina Constitution. 

6. The alleged unauthorized taking of a cup of coffee by Petitioner does not rise to the level of "personal 
conduct" that is detrimental to State service, as to warrant summary dismissal. The alleged 
misconduct was not such for which no reasonable person should expect to receive a prior warning. 
Office of State Personnel Manual, Personnel Manual, pp. 9-3, 9-8.3 

7. Section 704(a) of Title VII of the Civil Rights Act of 1964, as amended, makes it unlawful for an 
employer to take retaliatory action against any individual who opposes employment practices pro- 
hibited by Title VII, i.e., discriminatory treatment. Petitioner alleged that he was discharged on June 
7, 1991 because he had filed a charge of discrimination against Respondent in March, 1990 prior to 
the one he filed concerning his discharge for alleged unacceptable personal conduct(91 EEO 0536). 

8. There are four essential elements of a Section 704(a) violation: 

a) that the Petitioner engaged in opposition to practices made unlawful by Title VII; 

b) that the form of Petitioner's opposition was protected; 

c) that the Petitioner was subjected to adverse treatment by Respondent; and 

d) that the adverse treatment occurred because of Petitioner's opposition. 

9. On March 21, 1990 Petitioner opposed practices he believed to be unlawful practices under Title VII 
by filing a charge against Respondent with the North Carolina Office of Administrative Hearings and 
EEOC. The complaint against Graham Cooke, Respondent's personnel officer and Petitioner's 
immediate supervisor, charged that Mr. Cooke provided Petitioner with a false work performance 
evaluation, there by denying him a merit pay increase in January, 1990. It was apparent that the form 
of Petitioner's opposition, filing a charge, was protected under Title VII. 

10. Petitioner was subjected to adverse treatment by Respondent in that he was dismissed from 
employment without warning for alleged unacceptable conduct, (i.e., helping himself to a cup of 
coffee that he believed himself to be entitled to have, and filing a criminal summons against a co- 
worker who threatened to scald him with hot coffee) while more serious criminal acts (i.e. embez- 
zlement, larceny of State computer equipment and damage to property) committed by other employees 
resulted in no disciplinary measures by Respondent. 

11. The adverse treatment occurred because of Petitioner's opposition. Graham Cooke, Petitioner's 
former supervisor, counseled Respondent's management personnel regarding the dismissal procedure 
to be employed against Petitioner although his earlier actions toward Petitioner had been the subject 
of a discrimination charge. 

12. Mr. Cooke was pleased to see Petitioner's employment terminated and he expressed those sentiments. 

13. Respondent's actions against Petitioner were in violation of Section 704(a) of Title VII of the Civil 
Rights Act of 1964, as amended, in that the decision to terminate his employment on June 1991 was 
retaliatory. 



8:19 NORTH CAROLINA REGISTER January 3, 1994 1920 



CONTESTED CASE DECISIONS 



14. Respondent's proffered reasons for its employment decision were pretextual and contrived to mask 

its intent to retaliate against Petitioner. Respondent offered no reasonable explanation for its failure 
to take any action against Petitioner on April 10, 1991, upon first learning of the alleged unacceptable 
personal conduct. 

Based upon the foregoing Stipulations. Findings of Fact and Conclusions of Law, the Administrative 
Law Judge makes the following: 

FINAL DECISION 

Having concluded that Respondent violated Section 704(a) of Title VII of the 1964 Civil Rights Act, 
as amended, IT IS THE DECISION of this Office, pursuant to 42 U.S.C. Section 2000e-5(g) and (k), that 
Petitioner shall be reinstated to his former position of EEO Officer (ESC) effective June 7, 1991, with back 
pay, attorney fees and all the benefits of continued permanent employment with the State as of that date. 

ORDER 

IT IS HEREBY DECREED AND ORDERED pursuant to 42 U.S.C. Section 2000e-5(g) and (k) that the 
Petitioner be reinstated to his former position of EEO Officer (ESC)effective June 7, 1991, with back pay, 
front pay, where applicable, attorney's fees and all the benefits of continued permanent employment with the 
State as of that date. Respondent is hereby enjoined from engaging in further acts of retaliation against Peti- 
tioner. This is a final decision. 

NOTICE 

In order to appeal a Final Decision, the person seeking review must file a Petition in the Superior 
Court of Wake County or in the superior court of the county where the-22-person resides. The Petition for 
Judicial Review must be filed within thirty (30) days after the person is served with a copy of the Final Deci- 
sion. G.S. 150B-46 describes the contents of the Petition and requires service of the Petition on all parties. 

This the 7th day of October, 1993 



Sammie Chess, Jr. 
Administrative Law Judge 



1921 8:19 NORTH CAROLINA REGISTER January 3, 1994 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 
COUNTY OF ONSLOW 



IN THE OFFICE OF 
ADMINISTRATIVE HEARINGS 

93 OSP 0522 
93 OSP 0523 
93 OSP 0567 



EDWARD D. DAY, JR., JOHN D. WARLICK, 
GARY W. BEECHAM, 
Petitioner, 



v. 



N. C. DEPARTMENT OF CORRECTION, 
Respondent. 



RECOMMENDED DECISION 



BACKGROUND 



This matter was heard in Burgaw, North Carolina, on October 14, 1993, by Senior Administrative 
Law Judge Fred G. Morrison Jr. The Petitioners initiated their contested cases in May of 1993 in order to 
appeal the April 26, 1993, decision of the Respondent Department of Correction denying the Petitioners any 
relief with regard to their administrative grievances which had complained about the agency's failure to post 
a particular position prior to filling it. 



Upon Respondent's Motion to Consolidate the cases, on June 9, 
by Order of the Chief Administrative Law Judge. On September 21, 
withdrew his Petition. 



1993, the cases were consolidated 
1993, Petitioner John D. Warlick 



ISSUE 

Is a State agency required to post a position which is filled by placing a person with an administrative 
agency grievance into that position when agency management has exercised its discretion and determined that 
such a placement is an appropriate resolution of the grievance? 

STATUTES AND RULES INVOLVED 

N.C. Gen. Stat. §126-7.1 
25 NCAC 1H .0602(c) 

SUMMARY OF THE DECISION 

The agency decision to place Mark Floyd in the position of Intensive Case Officer without posting 
that position should be upheld as not in violation of N.C. Gen. Stat. §126-7.1 or 25 NCAC 1H .0602. 

APPEARANCES 



Petitioner: 



Edward D. Day, Jr. 
106 Marine Blvd, Suite F 
River Court Plaza 
Jacksonville, NC 28541 
Pro Se 



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NORTH CAROLINA REGISTER 



January 3, 1994 



1922 



CONTESTED CASE DECISIONS 



Gary Wayne Beecham 
P.O. Box 447 
Hubert, NC 28539 
Pro Se 

Respondent: N.C. Department of Correction by 

Valerie L. Bateman 
Assistant Attorney General 
N.C. Dept. of Justice 
P.O. Box 629 
Raleigh. NC 27602 

WITNESSES 

Petitioner Day presented the following witnesses: 

1 . Edward D. Day, Jr. 

Petitioner Beecham presented the following witnesses: 
1 . Gary Wayne Beecham 

The Respondent presented the following witnesses: 
1 . Jeffrey R. Becker 

EXHIBITS 

The following exhibits were admitted into evidence by the Respondent: 

Rl . Grievance of Mark Floyd and related documents 

R2. Grievance of Edward Day and related documents 

R3. Grievance of Gary Beecham and related documents 

R4. Office of State Personnel Recruitment policy 

R5. Department of Correction Posting and Listing Vacancies 
policy 

Based on a preponderance of the substantial evidence admitted into the record of this case, the 
Administrative Law Judge makes the following: 

FINDINGS OF FACT 

1 . On July 28, 1992, Mark Floyd, an employee of the Department of Correction, filed an administrative 
grievance claiming that he had inappropriately been passed over for promotions and/or transfers due 
to retaliation against him for being arrested but not convicted of Possession of Cocaine. 

2. By letter dated November 13, 1992, the EEO Officer, Alfonza Fullwood, wrote to Mr. Floyd and 
advised him that as a result of the agency's preliminary investigation into Mr. Floyd's grievance, the 
Department of Correction had decided to offer him an Intensive Officer position located in Charlotte, 
North Carolina, with a five percent increase in his salary. 



1923 8:19 NORTH CAROLINA REGISTER January 3, 1994 



CONTESTED CASE DECISIONS 



3. After further negotiations between Mr. Floyd and Mr. Fullwood, the parties came to an agreement 
that Mr. Floyd receive an Intensive Case Officer position in Jacksonville with a five percent pay 
increase. 

4. Subsequently, Petitioners Day and Beecham initiated grievances concerning, in part, the placement 
of Mr. Floyd in the Intensive Case Officer position. 

5. Both Petitioners received responses to their posting grievances from Jimmy W. Harris, Eastern Chief 
of Field Services, which explained that the decision to place Mr. Floyd in the position not posted was 
necessary to bring closure to his administrative grievance. 

6. Petitioners continued their appeal to the Personnel Office of the Department of Correction. By letter 
dated April 26, 1993, they were informed of the conclusion of the investigation of the Personnel 
Office into their grievance. Specifically, the Petitioners were informed again that the placement of 
Mark Floyd occurred in settlement of his administrative grievance and that this decision was based 
on management necessity and consistent with the rules and regulations of the State Personnel 
Commission which provided that posting was not required for "vacancies which must be used to meet 
management necessity, for which an agency will not openly recruit." 

7. The State Personnel Manual provides that posting requirements shall not apply to "- 1 v-| acancies 
which must be used to meet management necessity, for which an agency will not openly recruit." 

8. Mike Gaddis, the Director of the Employment Practices Division of the Office of State Personnel, 
averred that the Department's decision not to post the position awarded to Mark Floyd was consistent 
with the spirit and intent of the posting statute and with the exceptions to the posting requirement 
contained in the posting policy. 

CONCLUSIONS OF LAW 

1. G.S. §126-7. 1(a) provides that "all vacancies for which any State agency, department or institution 
openly recruit shall be posted..." Respondent did not violate this statute as it did not openly recruit 
for the position filled by Mark Floyd. 

2. N.C. Gen. Stat. §126-4 provides that "the State Personnel Commission shall establish policies and 
rules governing . . . [Recruitment programs designed to promote public employment, communicate 
current hiring activities within State Government, and attract a sufficient flow of internal and external 
applicants. . ." 

3. Pursuant to this authority, the State Personnel Commission has adopted rules implementing the posting 
policy contained in N.C. Gen. Stat. §126-7.1. This rule provides in pertinent part as follows: 

Posting requirements shall not apply to: 

(1) Vacancies which must be used to meet management necessity, for which an agency will not 

openly recruit. Examples include vacancies committed to a budget reduction, vacancies used 
for disciplinary transfers or demotions, use of an existing vacancy to avoid reduction in 
force, transfer of an employee to an existing opening to avoid the threat of bodily harm, and 
the promotion of an employee into an existing opening to avoid the threat of bodily harm, 
and the promotion of an employee into an opening under a formal, pre-existing "understudy 
arrangement". 

25 N.C. A. C. 1H .0602(c). 

4. The Department's decision not to post the position it filled with Mark Floyd, who had filed an 



8:19 NORTH CAROLINA REGISTER January 3, 1994 1924 



CONTESTED CASE DECISIONS 



internal agency grievance, was not an abuse of management discretion nor a violation of 25 N.C.A.C. 
1H .0602(c). 



Based on the foregoing Findings of Fact and Conclusions of Law, the Administrative Law Judge 
makes the following: 

RECOMMENDED DECISION 

The State Personnel Commission should not disturb the agency's decision not to post the position of 
Intensive Case Officer which was filled by Mark Floyd. 

ORDER 

It is hereby ordered that the agency serve a copy of the final decision on the Office of Administrative 
Hearings, P.O. Drawer 27447, Raleigh, N.C. 2761 1-7447, in accordance with North Carolina General Statute 
150B-36(b). 

NOTICE 

The agency making the final decision in this contested case is required to give each party an 
opportunity to file exceptions to this recommended decision and to present written arguments to those in the 
agency who will make the final decision. G.S. 150B-36(a). 

The agency is required by G.S. 150B-36fb) to serve a copy of the final decision on all parties and to 
furnish a copy to the parties' attorney of record and to .the Office of Administrative Hearings. 

The agency that will make the final decision in this contested case is the State Personnel Commission. 

This the 14th day of December, 1993. 



Fred G. Morrison Jr. 

Senior Administrative Law Judge 



1925 8:19 NORTH CAROLINA REGISTER January 3, 1994 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 
COUNTY OF MECKLENBURG 



IN THE OFFICE OF 

ADMINISTRATIVE HEARINGS 

93 DHR 0529 



A. C, BY AND THROUGH HER AGENT AND 
PERSONAL REPRESENTATIVE, HANK NEAL 

Petitioner, 



NORTH CAROLINA DEPARTMENT OF 
HUMAN RESOURCES, DIVISION OF 
MEDICAL ASSISTANCE 
Respondent. 



RECOMMENDED DECISION 



The above-captioned hearing was heard before Administrative Law Judge Dolores O. Nesnow, on 
October 27, 1993, in Charlotte, North Carolina. 



APPEARANCES 



For Petitioner: 



For Respondent: 



Thomas E. Cone 

Turner Enochs & Lloyd, P.A. 

P. O. Box 160 

Greensboro, North Carolina 27402-0160 

Attorney for Petitioner 

Claud R. Whitener, III 

Assistant Attorney General 

N. C. Department of Justice 

P. O. Box 629 

Raleigh, North Carolina 27602-0629 

Attorney for Respondent 



ISSUE 

Did the Respondent err in denying certification for admission of patient "AC" (MID: 239-23-6669L) 
to Carolinas Medical Center for Mental Health on or about December 30, 1992, for acute psychiatric care? 

STATUTES AND RULES IN ISSUE 

42 U.S.C. 1396 et seq. 

42 C.F.R. parts 430 et seg. 

N.C. Gen. Stat. 108A-24 to 26 

N.C. Gen. Stat. 108A-54 to 66 

10 N.C.A.C. 26 and 50 

BURDEN OF PROOF 

Petitioner has the burden of showing by the greater weight of the substantial evidence admitted that 
the Respondent erred as stated in the issue. 



8:19 



NORTH CAROLINA REGISTER 



January 3, 1994 



1926 



CONTESTED CASE DECISIONS 



EXHIBITS 

The exhibits listing was omitted from this publication. If you would like a copy, please contact the 
Office of Administrative Hearings, P.O. Box 27447, Raleigh, NC 27611-7447. 

WITNESSES 

For Petitioner: 

Lester Bradshaw - Social Worker, Mecklenburg County 

Patricia O'Connor - Carolina Medical Center, Quality Assessment Coordinator, Nurse 

Dr. Pleas Geyer - Charlotte Psychiatrist 

For Respondent: 

James Robison - Massachusetts Psychiatrist 

Teru Morton - Clinical Psychologist, University of Missouri 

STIPULATION AGREEMENT 

The parties agree and stipulate that the criteria as represented in Plaintiffs Exhibit #C are the criteria 
which were applicable to the admission of this patient. 

Based upon careful consideration of the testimony and evidence presented at the hearing, and the 
documents and exhibits received into evidence, the undersigned makes the following: 

FINDINGS OF FACT 

1. Patient "AC" was born in June of 1976. She is a female and, at the date of her admission 
to the Carolinas Medical Center for Mental Health, she was 16 years of age. 

2. "AC" had previously been placed in the custody of Mecklenburg County Youth and Family 
Services (YFS) on August 5, 1990, after she had been adjudicated "Dependent" on September 9, 1990. 

3. "AC" has also been adjudicated on numerous occasions as an "Undisciplined Child" for her 
numerous elopements or "AWOLS" (runaways) from various placements. 



4. "AC" has had numerous placements since being placed in the custody of YFS. Those 

placements, starting in August of 1990, are as follows: 

Gatling Detention Center 

Glenn Laurel Group Home 

Ten Broeck Hospital 

Continuation Place for Further Substance Abuse Treatment. 

Client went AWOL from placement 

The "Relatives" 

Glenn Laurel Group Home, client went AWOL 

Emergency Foster Home. Ms. Young 

Glenn Laurel Group Home, client went AWOL 

Gatling Detention Center 

Glenn Laurel Group Home. Client went AWOL 

Gatling Detention Center 

Charter Northridge Hospital, client went AWOL during 

admission 

Gatling Detention Center 

Mr. Duckett. Client went AWOL 

Committed to Broughton Hospital - drug overdose 



8/6/90 


8/7/90 


8/7/90 


8/9/90 


8/9/90 


9/12/90 


9/12/90 


10/7/90 


10/8/90 


10/9/90 


10/9/90 


10/10/90 


10/11/90 


10/12/90 


10/12/90 


■ 10/15/90 


10/19/90 


10/22/90 


10/22/90 


10/22/90 


10/31/90 


11/2/90 


11/2/90 


11/2/90 


11/8/90 


11/9/90 


11/9/90 


11/12/90 


11/16/90 


1 1 ,'26/90 



7927 



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January 3, 1994 



CONTESTED CASE DECISIONS 



11/26/90 


■ 12/19/90 


12/19/90 


12/23/90 


12/30/90 


• 12/31/90 


12/31/90 


1/18/91 


1/18/91 


1/20/91 


1/23/91 


1/24/91 


1/24/91 


1/24/91 


1/25/91 


1/28/91 


1/28/91 


1/28/91 


2/12/91 


2/13/91 


2/13/91 


2/14/91 


3/9/91 


3/12/91 


4/9/91 


4/15/91 


4/15/91 


5/15/91 


5/15/91 


9/24/91 



9/24/91 



12/30/92 

6/7/93 
6/24/93 



7/1/93 
7/8/93 



10/18/93 



12/14/91 



6/7/93 

6/24/93 
7/1/93 



7/8/93 
10/18/93 



Present 



Charter Northridge Hospital 

Continuation Place for additional substance abuse treat- 
ment. Client went AWOL from treatment. 
Gatling Detention Center 
Cedar Springs Hospital 

The "Relatives". Client went AWOL from placement. 
Gatling Detention Center. 

Ms. Young's foster home. Client went AWOL after a 
couple of hours. 
Gatling Detention Center. 

Ms. Young's foster home. Client went AWOL that day. 
Gatling Detention Center. 
Renaissance group home. Client went AWOL. 
Gatling Detention Center. 
Gatling Detention Center. 
Catawba Memorial Hospital. 

"Three Springs Wilderness Camp" in Trenton, Alabama. 
Client successfully completed this program and was 
transitioned to Continuation Place in Charlotte, North 
Carolina. 

Client was placed at Continuation Place for further Sub- 
stance Abuse Treatment. Client went AWOL from this 
program on numerous occasions. During client's last 
AWOL, YFS learned that client had been sexually inappro- 
priate with her male therapist at CP 

Client was admitted to the Mental Health Center for 
treatment. Client worked on numerous issues and made 
much progress. Client was transitioned to a Mecklenburg 
County Foster Home (R. Ralley). 

Client placed in YFS Foster Home (M. Ralley). Client 
went AWOL from this placement. 

Client placed herself with Vicky Jones. Vicky and Jessie 
Crawford (client's brother) have a child who lives with 
Vicky. Client is very attached to this child; this is the 
connection between Vicky and client. Vicky resides at 
1300 Jenkins Avenue, Apartment 5. 
Client moved in with her brother (Jessie Crawford). 
Client returned to live with Vicky Jones. On 10/18/93 
YFS was informed by Vicky Jones that she has moved and 
has not given her location to anyone. 
Client's whereabouts unknown. 



5. In October of 1991. 

Worker Lester Bradshaw. 



"AC" was placed in the care of Mecklenburg County YFS with the Social 



6. Prior to that time, "AC" had been assigned to Social Workers John Jones and Lanette Mack 
with Mecklenburg YFS. 

7. In August of 1990, "AC" was given a psychological assessment by David Branyon, M.D. 
at Ten Broeck Hospital and was diagnosed as having an adjustment disorder with depressed mood, cocaine 
dependence and abuse. 

8. "AC" remained at Ten Broeck Hospital for approximately one month. 



8:19 



NORTH CAROLINA REGISTER 



January 3, 1994 



1928 



CONTESTED CASE DECISIONS 



9. On October 10, 1990, "AC" was assessed by the STARR team and was recommended for 
further intensive treatment for long term cocaine dependence. 

10. "AC" was examined by psychiatrist Phillip Schmitt, M.D. in April of 1991, and was 
identified as a polysubstance abuser in need of substance abuse treatment. 

1 1 . Social Worker Lester Bradshaw is a specialist in substance abuse and drug problems in the 
adolescent population. 

12. Mr. Bradshaw testified, and it is found as fact, that "AC", like many adolescent substance 
abusers, was not addicted to any particular drug but would use whatever was available. 

13. "AC" has a past history which includes prostitution and IV drug use documented as early as 
age 13. 

14. "AC" has had Hepatitis B and Hepatitis C which, it is believed, she contracted through either 
IV drug use or unprotected sex. 

15. "AC's" mother has remained missing for a number of years because it is believed there are 
federal and State warrants for drug trafficking outstanding on "AC's" mother. There is no stepfather of record 
although there are two other siblings. 

16. "AC" has never been successfully placed in foster homes because of her chronic elopement 
behavior. 

17. As noted above, "AC" was sent to the Three Springs Wilderness Camp in Trenton, Alabama 
from May of 1991 through September of 1992 (16 months), which was her most successful attempt at 
recovery and treatment. 

18. After "AC" returned from her stay at Three Springs Wilderness Camp she was placed in a 
local center called The Continuation Place from which she ran away. 

19. At approximately that time, "AC's" social workers learned that she had engaged in sex with 
a mental health therapist at The Continuation Place. (The mental health therapist was subsequently prosecuted 
and convicted for this action) 

20. When she ran away from The Continuation Place, social worker Bradshaw and several other 
workers from Mecklenburg YFS searched the community for her. 

21. The social workers went out into the community and searched various hangouts including 
crack houses. "AC" was found by Mr. Bradshaw and, although she did not want to come back, she agreed 
to return. 

22. At that time, they learned that she had started using IV drugs again and was having 
unprotected sex. 

23. The social workers, including Mr. Bradshaw, two male staff members and one female staff 
member, brought "AC" to the Carolinas Medical Center for evaluation. 

24. The social workers were concerned that because of the drug use, prostitution and unprotected 
sex, "AC" was in danger of contracting Aids or otherwise endangering her life. 

25. Mr. Bradshaw testified that although "AC" may have had mental and emotional disturbances, 
in his experience the focus on "AC" in the past had always been on substance abuse. 



1929 8:19 NORTH CAROLINA REGISTER January 3, 1994 



CONTESTED CASE DECISIONS 



26. When Petitioner was brought to the Carolinas Medical Center, she was seen by Dr. Warren 
Steinmuller, a psychiatrist. 

27. At that time Dr. Pleas Geyer was a part-time in-patient psychiatrist at Carolinas Medical 
Center. Dr. Geyer subsequently became full-time and the Director of Child and Adolescent Psychiatry at the 
Center. 

28. When Dr. Steinmuller "rotated off", Dr. Geyer became "AC's" attending physician. 

29. When "AC" was first admitted Dr. Steinmuller and Dr. Geyer discussed her condition and 
her admission. They both agreed that "AC" was primarily and clearly depressed. They further agreed that 
the other activities in which she involved herself, including the drug abuse, were symptoms of her depression. 

30. Both Dr. Steinmuller and Dr. Geyer observed that although "AC" had a long history of 
problems and treatment for those problems, she had had almost every possible treatment except a thorough, 
broadbased, in-patient review. Her treatment, they additionally observed, had previously concentrated on 
substance abuse. 

31. Both doctors agreed that "AC" was highly dysfunctional and was in great danger. 

32. Dr. Geyer testified, and it found as fact, that "AC" did very well at Camp Wilderness because 
it was a setting far from her home setting and was extremely structured. Settings such as Camp Wilderness 
are frequently successful with children or adolescents who are in an unsavory home setting. 

33. Both Dr. Steinmuller and Dr. Geyer believed that after "AC" return from Camp Wilderness, 
at which time she was placed back into her original hometown, her condition deteriorated and became 
extremely precarious. 

34. Dr. Geyer testified, and it is found as fact, that "AC" approached the mental health therapist 
with whom she had sex, in an effort to seek exploitation of herself. Once she had accomplished that 
exploitation, the improvements she had made rapidly began to deteriorate. 

35. "AC" had experienced physical abuse by her mother and her mother's boyfriends. 
Additionally, she had been sexually abused by a stepfather. 

36. Dr. Geyer testified, and it is found as fact, that "AC" needed a broad review of her treatment 
plan and needed a more broadly conceptualized plan of treatment to handle the self abuse, incestuous relations, 
depression and abandonment. 

37. N.C. Gen. Stat. 108A-25(b) states: 

"The program of medical assistance is hereby established as a program of public assistance and shall 
be administered by the county Departments of Social Services under rules and regulations adopted by the 
Department of Human Resources. " 

38. N.C. Gen. Stat. 108A-54 provides, in pertinent part: 

"The Department is authorized and empowered to establish a Medical Assistance Program from 
federal, State, and county appropriations and to adopt rules and regulations under which payments are to be 
made in accordance with the provisions of this part. " 

39. N.C. Gen. Stat. 108A-55 provides, in pertinent part: 

"Die Department may authorize within appropriations made for this purpose payments of all or part 
of the cost of medical and other remedial care for any eligible person when it is essential to the health and 



8:19 NORTH CAROLINA REGISTER January 3, 1994 1930 



CONTESTED CASE DECISIONS 



welfare of such person that such care be provided. . . " 

40. N.C. Admin. Code, tit. 10, r. 26B .01 1 1 provides, in pertinent part, that inpatient psychiatric 
hospitals are responsible for obtaining certification for persons under the age of 21 in accordance with subpart 
D of 42 C.F.R. 441. 

41. Subpart D of 42 C.F.R. 441 includes many provisions for the care of a patient but appears 
to incorporate only one segment of the disseminated Criteria (i.e., Ill- 1 , 2 and 3) at 42 C.F.R. 441.152. 

42. The Medicaid criteria which has been disseminated across the State by the Respondent for 
admission of children and adolescents to psychiatric hospitals has not been promulgated as a rule. 

43. The Criteria, however, was relied upon by the Carolinas Medical Center and was relied upon 
by Respondent in assessing "AC's" admission. 

44. That document includes three criteria and states "to be approved for admission the patient 
must meet Criteria I, II and III." 

45. Criteria number I of the N.C. Medicaid Criteria states: 

"Client meets criteria for one or more DSM-IU-R diagnoses. " 

(Diagnostic and Statistical Manual of Mental Disorders, Third Edition, 

Revised - American Psychiatric Association) 

46. Dr. Steinmuller diagnosed "AC" with three DSM-III-R diagnoses; (1) conduct disorder, (2) 
major depression, and (3) polysubstance abuse. 

47. Dr. Geyer subsequently agreed with that diagnosis and it is found as fact that (a) the conduct 
disorder was manifested in repeated running away, lying about drugs and truancy; and (b) that the major 
depression was evidenced by at least five of the nine symptoms suggested in the DSM-III-R, i.e. (1) a 
depressed mood (which can be irritability in children or adolescents), (2) loss of interests or pleasure in age 
appropriate activities (anadonia), (3) psychomotor agitation, (4) feelings of worthlessness, and (5) recurrent 
thoughts of death. 

48. "AC", like many children and adolescents, denied thoughts of suicide but in children and 
adolescents it is frequently necessary to infer suicidal tendencies. In the case of "AC", she had spoken many 
times about her drug use and her sexual activity and knew that she was engaging in dangerous behavior. She 
acknowledged that this behavior could result in her death and that it probably would, but she did not refrain 
from engaging in that behavior. 

49. Additionally, "AC" had lost interest in age appropriate behavior. Instead, she engaged in sex, 
drugs and prostitution and repudiated activities such as play, dating and school. Further, she expressed no 
pleasure in the activities in which she engaged herself, i.e. the sex and drug use. 

50. "AC" expressed her awareness that she was probably "headed for death" but that she did not 
care, which is an indication of hopelessness, another one of the symptoms of a major depression. 

51. Criteria II of the N.C. Medicaid Criteria states at least one or more the following criteria 
must be met: 

FI.A. Client is presently a danger to self (e,g., engages in self injurious behavior, has a significant 
suicide potential, or is acutely manic). 

This usually would be indicated by one of the following: 



1931 8:19 NORTH CAROLINA REGISTER January 3, 1994 



CONTESTED CASE DECISIONS 



1. Client has made a suicide attempt or serious gesture (eg., overdose, 
handing, jumping from or placing self in front of moving vehicle, self-inflicted gunshot 
wound), or is threatening same with likelihood of acting on the threat, and there is an 
absence of the appropriate supervision or structure to prevent suicide. 

2. Client manifests a significant depression, including current contemplation 
of suicide or suicidal ideation, and there is an absence of the appropriate supervision or 
structure to prevent suicide. 

3. Client has a history of affective disorder: a) with mood which has fluctuated 
to the manic phase or, b) has destabilized due to stressors or non-compliance with treatment. 

4. Client is exhibiting self-injurious behavior (cutting on self, burning self) or 
is threatening same with likelihood of acting on the threat. 

52. Dr. Geyer testified, and it is found as fact, that "AC" was a clear danger to herself and was 
engaging in suicidal behavior. It is further found as fact that "AC" clearly met this category in her repeated 
elopements, repeated IV drug use and unprotected sex, prostitution, non-compliance with treatments, and 
elopements which eliminated structure to prevent suicidal behavior 

53. Criteria II-B states: 

OR 

B. Client engages in actively violent, aggressive or disruptive behavior or client exhibits 

homicidal ideation or other symptoms which indicate he/she is a probably danger to others. 

This usually would be indicated by one of the following: 

1. Client whose evaluation and treatment cannot be carried out safely or 

effectively in other settings due to impulsivity, impaired judgment, severe oppositionalism, 
running away, severely disruptive behaviors at home or school, self-defeating and self- 
endangering activities, antisocial activity, and other behaviors which may occur in the context 
of a dysfunctional family and may also include physical, psychological, or sexual abuse. 



54. Dr. Geyer testified, and it is found as fact, that Criteria II-B- 1 was "written to describe 



'AC 



55. It is found as fact that "AC" clearly suffers from impaired judgment, severe oppositionalism, 
running away, self defeating and self endangering activities, antisocial activities, a dysfunctional family with 
a history of physical and sexual abuse. 

56. Dr. Geyer further testified that in children and adolescents suicidal tendencies are often 
manifested by a constant preoccupation with death and activity which causes death. In adults, it is manifested 
by having a plan, but in adolescents it is manifested by dangerous behavior and consciously courting death 
in an imminent way. 

57. Dr. Geyer testified, and it is found as fact, that criteria C and D do not apply to "AC". 
These criteria will not be reproduced herein and are listed in the Criteria outline in the disjunctive. Thus, 
having met Criteria IIA and IIB, it is not necessary that a patient meet Criteria IIC and IID 

58. Criteria II-E, which is also listed in the disjunctive, states: 

OR 

E. Need for medication therapy or complex diagnostic evaluation where the client's level of 

functioning precludes cooperation with the treatment regimen, including forced administration of medication. 



8:19 NORTH CAROLINA REGISTER January 3, 1994 1932 



CONTESTED CASE DECISIONS 



This usually would be indicated by one of the following: 

1. Client whose diagnosis and clinical picture is unclear and who requires 24 
hour clinical observation and assessment by a multi-disciplinary hospital psychiatric team to 
establish the diagnosis and treatment recommendations. 

2. Client is involved in the legal system (eg., in a detention or training school 
facility) and manifests psychiatric symptoms (eg., psychosis, depression, suicide attempts 
or gestures) and requires a comprehensive assessment in a hospital setting to clarify the 
diagnosis and treatment needs. 

59. Dr. Geyer testified, and it is found as fact, that criteria E does apply to "AC", in that she was 
in dire need of a comprehensive assessment, that she had a history of prolonged, failed attempts to help her 
which had been targeted toward her substance abuse and overlooked her depression and self abuse, and she 
was in need of that assessment in a hospital setting. 

60. The third and final criteria which must also be met to qualify for admissions according to the 
N.C. Medicaid Criteria reads as follows: 

AND 

HI. To meet the federal requirement at 42 CFR 441.152, all of the following must apply: 

1. Ambulatory care resources available in the community do not meet the 
treatment needs of the recipient. 

2. Proper treatment of the recipient's psychiatric condition requires services 
on an inpatient basis under the direction of a physician. 

3. The services can reasonably be expected to improve the recipient's condition 
or prevent further regression so that services will no longer be needed. 

61. Dr. Geyer testified, and it is found as fact, that as to III - 1 - there were no other resources 
available in the community, "AC" would not face the fact that she had a problem, many, if not all other 
community resources had been tried and had been unsuccessful and inadequate to meet "AC's" needs. He 
further testified, and it is found as fact, that "AC" needed a broadly dimensional intensive treatment, a forced 
stay in the hospital, and the ambulatory care response in the community had proven to be unable to meet 
"AC's" needs. 

62. Dr. Geyer testified that it was medically necessary that "AC" receive acute psychiatric 
treatment on an inpatient basis under the care of a physician. 

63. Dr. Geyer testified that while showing beyond doubt that inpatient services will be reasonably 
expected to improve a patient's condition is always extremely problematic, he likened it to a patient who has 
suffered a heart attack, stating that if that patient was not admitted to a hospital they may survive or they 
might not but it would be unreasonable and foolhardy not to admit someone who had recently suffered a heart 
attack. Dr. Geyer further testified that while the prognosis would always be guarded, "AC" could only be 
expected to improve with serious and broad based intervention on an inpatient basis. 

64. It is found as fact that "AC" met all the Criteria outlined in Part III of the N.C. Medicaid 
Criteria. 

65. Dr. Geyer further testified that on an occasion previous to December of 1992, "AC" had been 
brought to Carolinas Medical Center and it was also recommended at that time that she be admitted as an 
inpatient. There was, however, no room and she had been referred to Broughton Hospital. 



1933 8:19 NORTH CAROLINA REGISTER January 3, 1994 



CONTESTED CASE DECISIONS 



66. Patricia O'Connor is the Quality Coordinator and Utilization Review Nurse at Carolinas 
Medical Center. 

67. Ms. O'Connor was notified sometime in late 1992, that the admission for "AC" had been 
denied by the outside agency Mental Health Management of America (MHMA) for Medicaid coverage. 

68. She arranged for a peer review which is conducted by telephone from her office and is 
recorded. The peer review is conducted between the attending physician and another physician from MHMA. 
That review occurred on January 7, 1993, and was conducted between Dr. Steinmuller ("AC's" physician), 
and Dr. Lea veil of MHMA. 

69. On January 11, 1993, the admission for "AC" was denied. 

70. Ms. O'Connor testified, and it is found as fact, that the medical records for "AC" had not 
been forwarded to MHMA at the time of the peer review call and, in fact, that the records were not sent to 
MHMA until February 13, 1993, approximately one month after the denial. 

Based upon the foregoing Findings of Fact, the undersigned makes the following: 

CONCLUSIONS OF LAW 

1. N.C. Gen. Stats. 108A-25(b) and 108A-54 provide that the N.C. Department of Human 
Resources shall promulgate rules for the payment of medical care under Medicaid for eligible persons. 

2. The only rule promulgated which covers the admission of psychiatric patients under 21 (10 
NCAC 26B.0111) provides that the admitting hospital must obtain certification in accordance with subpart D 
of 42 C.F.R. 441. 

3. In Subpart D, 42 C.F.R. 441.152 provides that for inpatient psychiatric services for 
independent services for individuals under the age of 21 a team specified in 441.154 must certify that: (1) 
ambulatory care resources available in the community do not meet the treatment needs of the recipient; (2) 
proper treatment of the recipient's psychiatric condition requires services on an inpatient basis under the 
direction of the physician; and (3) the services can reasonably be expected to improve the recipient's condition 
or prevent further regression so that the services will no longer be needed; (4) the certifications specified in 
this section and in 441.153 satisfies the utilization control requirement for a physician certification. 

4. This provision reflects part III of the Medicaid Criteria which had been disseminated by the 
Respondent and which is outlined in the Findings of Fact. 

5. N.C. Gen. Stat. 150B-2 (8a) provides, in pertinent part, that: 

(8a) "Rule means any agency regulation, standard, or statement of general 
applicability that implements or interprets an enactment of the General Assembly or 
Congress or a regulation adopted by a federal agency or that describes the procedure or 
practice requirements of an agency. The term includes the establishment of a fee and the 
amendment or repeal of a prior rule. 

6. In a 1986 Attorney Generals opinion it was determined that: 

When 150B-2(8a) and 150B-1 1(1) are read together, it is apparent that any 
procedures, whether formal or informal, that directly or substantially affect the rishts or 
procedures of nonagency persons must be adopted as rules . See Opinion of Attorney General 
to Elizabeth H. Drury, Director, Office of Legislative and Legal Affairs, Department of 
Human Resources, 56 NCAG 25 (1986). (Emphasis added) 



8:19 NORTH CAROLINA REGISTER January 3, 1994 1934 



CONTESTED CASE DECISIONS 



7. N.C. Gen. Stat. 150B-1 1(1) (repealed in 1991) was part of Article 2 of the APA, all of which 
was repealed in 1991 and replaced by Article 2A. To a great extent. Article 2 A recodified the procedures 
for rulemaking which had previously been codified in Article 2. 

8. Article 2 A also enumerated the long-standing tenet that a rule should not repeat the contents 
of a law, rule, or federal regulation. [N.C. Gen. Stat. 150B-19(4)] 

9. In Administrative Law and Practice (Koch, Charles H., West Publishing Co. 1985), 
statements of policy, i.e. non-rules are discussed at Section 3.24. That missive provides, in pertinent part, 
that a statement of policy should (a) not purport to establish a "binding norm" and (b) must apply 
prospectively. 

10. The undersigned concludes as a matter of law that the N.C. Medicaid Criteria clearly falls 
under the definition of "rule" in the Administrative Procedure Act, N.C. Gen. Stat. 150B and that except for 
Part III, it had not been promulgated as a rule. 

11. As a non-rule or a statement of policy, the Criteria has no binding effect on the Petitioner, 
except for part III. 

12. As noted above, 10 NCAC 26B .0111 adopts the Criteria of Subpart D of 42 C.F.R. 441 
(Criteria part III) but does not repeat that federal regulation which is the correct rulemaking procedure under 
G.S. 150B-19(4). 

13. Since Part III of the Medicaid Criteria was properly adopted as a rule by the Respondent, that 
section of the criteria is the only section binding upon the Petitioner. 

14. It is concluded that, had the criteria been binding on Petitioner, "AC" met all the 
requirements of that criteria and Respondent erred in denying the certification for her admission. 

15. It has been found as fact that "AC" met the Criteria in Part III of the Medicaid Criteria and 
it is therefore, concluded as a matter of law that the Respondent erred in denying certification for the 
admission of "AC" to Carolinas Medical Center on or about December 30, 1992. 

Based on the above Conclusions of Law, the undersigned makes the following: 

RECOMMENDATION 

That the Respondent certify the admission of "AC" to the Carolinas Medical Center on or about 
December 30, 1992. 

ORDER 

It is hereby ordered that the agency serve a copy of the final decision on the Office of Administrative 
Hearings, P.O. Drawer 27447, Raleigh, N.C. 2761 1-7447, in accordance with North Carolina General Statute 
150B-36(b). 

NOTICE 

The agency making the final decision in this contested case is required to give each party an 
opportunity to file exceptions to this recommended decision and to present written arguments to those in the 
agency who will make the final decision. G.S. 150B-36(a). 

The agency is required by G.S. 150B-36(b) to serve a copy of the final decision on all parties and to 
furnish a copy to the parties' attorney of record and _to the Office of Administrative Hearings . 



1935 8:19 NORTH CAROLINA REGISTER January 3, 1994 



CONTESTED CASE DECISIONS 



The agency that will make the final decision in this contested case is the Secretary of the North 
Carolina Department of Human Resources. 



This the 6th day of December, 1993. 



Dolores O. Nesnow 
Administrative Law Judge 



8:19 NORTH CAROLINA REGISTER January 3, 1994 1936 



XORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM 



1 he North Carolina Administrative Code (NCAC) has four major subdivisions of rules. Two of these, 
titles and chapters, are mandatory: Tfie major subdivision of the NCAC is the title. Each major 
department in the North Carolina executive branch of government has been assigned a title number. 
Titles are further broken down into chapters which shall be numerical in order. Tfie other two. 
subchapters and sections are optional subdivisions to be used by agencies when appropriate. 



TITLE/MAJOR DIVISION'S OF THE NORTH CAROLINA ADMLNISTRATIVE CODE 
TITLE DEPARTMENT LICENSING BOARDS CHAPTER 



1 


Administration 


Acupuncture 


1 


2 


Agriculture 


Architecture 


2 


3 


Auditor 


Auctioneers 


4 


4 


Commerce 


Barber Examiners 


6 


5 


Correction 


Certified Public Accountant Examiners 


8 


6 


Council of State 


Chiropractic Examiners 


10 


7 


Cultural Resources 


General Contractors 


12 


8 


Elections 


Cosmetic Art Examiners 


14 


9 


Governor 


Dental Examiners 


16 


10 


Human Resources 


Dietetics Nutrition 


17 


11 


Insurance 


Electrical Contractors 


18 


12 


Justice 


Electrolysis 


19 


13 


Labor 


Foresters 


20 


14A 


Crime Control & Public Safety 


Geologists 


21 


15A 


Environment, Health, and Natural 


Hearing Aid Dealers and Fitters 


11 




Resources 


Landscape Architects 


26 


16 


Public Education 


Landscape Contractors 


28 


17 


Revenue 


Marital and Family Therapy 


31 


18 


Secretary of State 


Medical Examiners 


32 


19A 


Transportation 


Midwifery Joint Committee 


33 


20 


Treasurer 


Mortuary Science 


34 


«1 1 


Occupational Licensing Boards 


Nursing 


36 


22 


Administrative Procedures 


Nursing Home Administrators 


37 


23 


Community Colleges 


Occupational Therapists 


38 


24 


Independent Agencies 


Opticians 


40 


25 


State Personnel 


Optometry 


42 


26 


Administrative Hearings 


Osteopathic Examination & Reg. (Repealed) 


44 






Pharmacy 


46 






Physical Therapy Examiners 


48 






Plumbing. Heatmg & Fire Sprinkler Contractors 


50 






Podiatry Examiners 


52 






Practicing Counselors 


53 






Practicing Psychologists 


54 






Professional Engineers & Land Surveyors 


56 






Real Estate Appraisal Board 


57 






Real Estate Commission 


58 






Refrigeration Examiners 


60 






Sanitarian Examiners 


62 






Social Work Certification 


63 






Speech & Language Pathologists & Audiologists 


64 






Therapeutic Recreation Certification 


65 






Veterinary Medical Board 


66 



Note: Title 21 contains the chapters of the various occupational licensing boards. 



1937 



8:19 



NORTH CAROLINA REGISTER 



January 3, 1994 



CUMULATIVE INDEX 



CUMULATIVE INDEX 

(April 1993 - March 1994) 



Pages 



Issue 



1 - 92 1 - April 

93 - 228 2 - April 

229 - 331 3 - May 

332 - 400 4 - May 

401 - 455 5 - June 

456 - 502 6 - June 

503 - 640 7 - July 

641 - 708 8 - July 

709 - 792 9 - August 

793 - 875 10 - August 

876 - 1006 11 - September 

1007 - 1184 12 - September 

1185 - 1307 13 - October 

1308 - 1367 14 - October 

1368 - 1512 15 November 

1513 - 1568 16 - November 

1569 - 1719 17 - December 

1720 - 1849 18 - December 

1850 - 1941 19 - December 



Unless otherwise identified, page references in this Index are to proposed rules. 



ADMINISTRATION 

Administration's Minimum Criteria, 5 

Auxiliary Services, 1724 

Low-Level Radioactive Waste Management Authority, 232 

State Employees Combined Campaign, 1008 

ADMINISTRATIVE HEARINGS 

Civil Rights Division, 370 
General, 366 
Hearings Division, 1480 
Rules Division, 367 

AGRICULTURE 

Aquaculture, 1212 
N.C. State Fair, 506 
Plant Industry, 513, 1212 
Standards Division, 1212 
Veterinary Division, 515, 1212 

COMMERCE 

Alcoholic Beverage Control Commission, 408, 711, 1310 

Banking Commission, 408, 798, 1312 

Cemetery Commission, 810 

Credit Union Division, 1724 

Savings Institutions Division: Savings Institutions Commission, 461 



8:19 



NORTH CAROLINA REGISTER 



January 3, 1994 



1938 



CUMULATIVE INDEX 



State Ports Authority, 811, 1570 

COMMUNITY COLLEGES 

Community Colleges, 1527 

ENVIRONMENT, HEALTH. AND NATURAL RESOURCES 

Coastal Management, 279. 571, 962, 1405, 1862 

Comprehensive Conservation and Management Plan, 882 

Departmental Rules, 465 

Environmental Management, 210, 556. 658. 797. 893, 1254, 1748, 1858 

Health Services, 283, 335, 425, 465, 572, 709, 762, 966, 1098, 1417, 1663, 1782, 1850 

Marine Fisheries, 28, 568, 1573 

Mining: Mineral Resources, 829 

NPDES Permit, 710 

Radiation Protection, 1662 

Soil and Water Conservation Commission, 214, 1322 

Vital Records, 1525 

Wildlife Resources Commission, 32, 663, 831, 965, 1255, 1409, 1613, 1723, 1773 

Wildlife Resources Commission Proclamation, 1851 

Zoological Park. 337 

FINAL DECISION LETTERS 

Voting Rights Act. 4, 407, 460, 795, 880, 1371, 1514, 1569, 1722 

GENERAL STATUTES 

Chapter 7A, 1185 
Chapter 150B, 1187 

GOVERNOR/LT. GOVERNOR 

Executive Orders, 1. 93. 229. 332. 401. 456, 641, 793, 876. 1007, 1209, 1308, 1368. 1513. 1720 

HUMAN RESOURCES 

Aging, Division of, 815, 1372 

Blind, Services for the, 884 

Deaf and Hard of Hearing, Services for the, 650 

Facility Services, 94, 883, 1014, 1215, 1312, 1519, 1725 

Medical Assistance, 25, 414, 553, 712. 888. 1316. 1742 

Medical Care Commission. 644. 1312 

Mental Health. Developmental Disabilities and Substance Abuse Services, 7, 413, 516, 1086, 1217, 

1852 

Social Services Commission, 237, 733, 1091, 1376, 1743 

ttJSURANCE 

Actuarial Services, 555, 657, 1249, 1321, 1403 
Agent Services Division, 1399 
Engineering and Building Codes Division, 1248 
Financial Evaluation Division. 1093, 1317 
Life and Health Division. 1094, 1318. 1400 
Medical Database Commission, 463, 737 
Property and Casualty Division, 1400 
Special Services Division. 1096 



1939 8:19 NORTH CAROLINA REGISTER January 3, 1994 



CUMULATIVE INDEX 



JUSTICE 

Alarm Systems Licensing Board, 761 

Attorney General, Office of the, 28 

Criminal Justice Education and Training Standards Commission, 253 

Criminal Justice Standards Division, 241 

Departmental Rules, 1096 

Private Protective Services Board, 252, 890 

Sheriffs' Education and Training Standards Commission, 738 

LABOR 

OSHA, 97, 231, 278, 892, 1523, 1744 

LICENSING BOARDS 

Architecture, 43 

Certified Public Accountant Examiners, 1418 

Chiropractic Examiners, 1806 

Cosmetic Art Examiners, 969, 1526 

Dental Examiners, State Board of, 763 

Electrolysis Examiners, Board of, 841, 1457 

Foresters, Registration for, 674 

Geologists, Board of, 285 

Landscape Architects, 1256 

Medical Examiners, Board of, 591, 1458, 1685 

Mortuary Science, Board of, 45, 342, 971, 1461 

Nursing, Board of, 1463 

Nursing Home Administrators, 346 

Occupational Therapy, 1469 

Opticians, Board of, 1261 

Pharmacy, Board of, 47, 354, 1326 

Physical Therapy Examiners, 53, 767 

Plumbing, Heating and Fire Sprinkler Contractors, 360 

Practicing Psychologists, Board of, 844, 1807, 1880 

Real Estate Commission, 53, 364 

Refrigeration Examiners, 1148, 1526 

Social Work, Certification Board for, 428, 1808 

Therapeutic Recreation Certification Board, 1328 

LIST OF RULES CODIFIED 

List of Rules Codified, 61, 290, 432, 593, 769, 845, 1264, 1535, 1687, 1881 

PUBLIC EDUCATION 

Elementary and Secondary Education, 427, 470, 1873 

SECRETARY OF STATE 

Land Records Management Division, 1792 

STATE PERSONNEL 

Office of State Personnel, 286, 972, 1262, 1472 

STATE TREASURER 

Local Government Commission, 1795 
Retirement Systems, 337, 1146 



8:19 NORTH CAROLINA REGISTER January 3, 1994 1940 



CUMULATIVE INDEX 



TAX REVIEW BOARD 

Orders of Tax Review, 503, 1516 

TRANSPORTATION 

Highways, Division of, 669, 836 
Motor Vehicles, Division of, 1145, 1875 



1941 8:19 NORTH CAROLINA REGISTER January 3, 1994 



NORTH CAROLINA ADMINISTRATIVE CODE 



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